Seeking advice when small claims court case adjourned (my legal right to bring claim)

  • Filter
  • Time
  • Show
Clear All
new posts

    Seeking advice when small claims court case adjourned (my legal right to bring claim)

    First post here but have been a private landlord for 10 years.

    For the first time I've got a difficult tenant, and have had to take court action. Below a brief summary of the current position followed by my question.

    On this property I let a property to a couple who were employed, but did this for a family member. As such I am not the landlord, rather I am on their AST contract as the Landlords agent. The tenant has consistently referred to me as landlord but I do not actually receive the rent. Additionally the property was owned the family members parent who has died and named me as their estate executor. As such I have legal probate to administer the property as an asset but also the landlord has given me their full authority to act on their behalf with regard to the tenancy as their agent.

    The tenants stopped work over a year ago and tenant 1 receives Universal credit and claims tenant 2 has left. However tenant 2 is resident at the property and named on the tenancy agreement as well as employed.

    Due to continued late and partial rent payments an arrears has built up and with housing courts closed I issued both section 8 & 21 in September, however to address the arrears I've raised 2 small claims cases. On one I've accepted their part admission and judgement in my favour, however the tenant hasn't actually paid the claim. On the 2nd claim it was transferred to our local county court and the judge has adjourned the case asking me to explain my legal right to bring the claim.

    The wording of the court letter is:
    UPON the court reviewing the court file, and noting that the the Claimant stating he is the Landlords agent and then "sole executor of the deceased estate to which the property belongs to"
    AND UPON the Court being unclear as to on what legal standing the Claimant has to bring the Claim.

    So my question is that in order to respond to the court and restore the claim how should I word my response? In the tenancy agreement I'm named and given authority to act on behalf of the landlord, so is that sufficient legal standing?

    Thanks in advance for any assistance.

    Who is named on the tenancy agreement as the landlord?

    Unless its the family member who has died and for whom you are the executor, no you don't have standing to appear in court on behalf of the landlord simply as an agent.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


    Latest Activity