MCOL changing claim by adding claimants

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    MCOL changing claim by adding claimants

    I have made a MCOL regarding tenancy deposit. However, I have just realised that I have made the claim in my own name, and have not included that of my partner, as I do not remember seeing anything regarding a second claimant on the online form. My partner is a joint signatory to the TA. I am now concerned that the claim may be thrown out on formal grounds. Are my concerns justified? My partner and I are married, hence should we not be treated as a joint household? Less relevant, but perhaps not entirely off the point, the rent was paid by means of a house rent allowance that I, and not my partner, was entitled to. Nevertheless, it was paid monthly from our joint account. Do I need to modifiy the claim? Is it possible to do so? Many thanks.

    #2
    No, you are ok if either one of you has the same authority to act for the other and if you are partners the court will not look into why the claim is in your own name only. If it does arise, just point out to the judge that there is not the facility to add more than one claimant under PCOL

    There is of course the facility to add more than one defendant under PCOL.

    Comment


      #3
      Thanks! THis is a money claim and I just could not find any part of the form that deals with joint claimants, although there is provision for naming co-defendants. Am I wrong?

      Comment


        #4
        Originally posted by davidjohnbutton View Post
        No, you are ok if either one of you has the same authority to act for the other and if you are partners the court will not look into why the claim is in your own name only. If it does arise, just point out to the judge that there is not the facility to add more than one claimant under PCOL

        There is of course the facility to add more than one defendant under PCOL.
        Do you mean PCOL or MCOL? Or would it make no difference to your answer?

        Comment


          #5
          I'm not sure about this.

          See this - a report of a deposit claim case which was thrown out by the judge because it was "improperly brought by only one of the joint tenants".
          http://landlordlaw.blogspot.com/2009...n-tenancy.html

          I don't know if being married entitles you to claim on your partner's behalf in these circumstances. You are also individuals otherwise it would make no difference if one or both married partners signed a tenancy agreement.

          The fact that your partner isn't named on the claim surely leaves open the possibility that your partner could independently decide to issue another claim against the LL, which would obviously be wrong.

          Comment


            #6
            Yes, my concern is that the judge might see it exactly like that. And it was after reading the article that you've sent me the link to that I started worrying about this.

            Comment


              #7
              Originally posted by Eddie View Post
              I have made a MCOL regarding tenancy deposit.
              A further word of warning if your tenancy deposit claim concerns failure to protect and the 3x deposit legislation. These claims have been allocated to the Part 8 route, and thus are not appropriate to MCOL.

              If it concerns a deposit outside of the tenancy deposit legislation (e.g. not a AST or a deposit paid on an AST before 6 April 2007 and holding over since) then you are okay.
              On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

              Comment


                #8
                Yes, it's a non-Housing Act Tenancy

                Comment


                  #9
                  Doesn't solve the problem of sole claimant for joint tenants though.

                  Comment


                    #10
                    My answer is true so far as I am aware having used MCOL and PCOL - I think the judge was incorrect to kick out the claim on the basis of only 1 claimant named on the claim but said judge then went on to say why the claim would fail and those were the real reasons for striking out the claim.

                    A claim under MCOL can be subsequently track allocated under part 8 by order of the judge.

                    Comment


                      #11
                      Apart from the financial implications, would it be advisable to withdraw this claim, add my partner's name to the particulars of the claim and file a fresh claim?

                      Comment


                        #12
                        Originally posted by Eddie View Post
                        Apart from the financial implications, would it be advisable to withdraw this claim, add my partner's name to the particulars of the claim and file a fresh claim?
                        What financial implications? This is a straightforward small claim.

                        I can't find the answer to the original question. All it says in my book on small claims procedure is that if there is more than one claimant, they must be named as a co-claimant. To me it makes logical sense that joint tenants must claim as co-claimants otherwise one tenant could claim and pocket another tenant's share of the deposit. Being married might override this logic, but I don't know the definitive answer.

                        You don't have to withdraw the claim, you can apply to the court to amend it. This would be the safest way forward - I mean, DJB may well be right but you can't go wrong if you add your partner as a claimant.

                        I'm fairly sure it's form N244 for this but check with the court first or Money Claim Online helpline may be able to assist.

                        Comment


                          #13
                          Thanks. I meant, starting a fresh claim would obviously be more expensive than amending the original claim. My only problem with ameding claim is that once one uses N244 to modify the claim, it is no longer an online, but a manual claim and proceeds accordingly (according to MCOL instructions + got the info from the court telephone service), which of course is extremely time-consuming. I wonder whether it would not be possible, at a later stage when presumably we have to send documents on to the court, to also add a signed statement from my partner waiving all further claims that could arise out of this particular dispute. + copy of marriage certificate of course!

                          Comment


                            #14
                            I have just been advised by the Legal Advice Centre that, at the time of sending in our papers (TA etc), my partner as joint tenant should send a written agreement concurring with the claim.

                            Comment

                            Latest Activity

                            Collapse

                            • licensee vs tenant
                              imjustbait
                              i have been given 14 days notice -

                              i asked my friend for help and to sort things out if possible, as he works in lettings etc -

                              he said to be this is a licensee contract not an (AST) one - (i didnt know)


                              basically, i want to know what rights i have to...
                              07-02-2019, 21:58 PM
                            • Reply to licensee vs tenant
                              imjustbait
                              It also appears they may not be registered with MARLA/ARLA as well....

                              My friend also informed me that the place I live (not to my knowledge before I moved in here) Is a council block/social housing. He informed me that if the landlord who has a mortgage on this property hasnt actually...
                              19-02-2019, 12:17 PM
                            • What happens to the deposit when a landlord dies?
                              Tencretax2
                              Hi everyone, I’m wondering if you could help me, as I’m very unsure of where I stand legally in respect of a housing situation I exited recently.

                              I was a Monday to Friday lodger until a few months ago, when I needed to vacate the room and move to a different property. I signed a contract...
                              18-02-2019, 21:18 PM
                            • Reply to What happens to the deposit when a landlord dies?
                              jpkeates
                              Whatever the practical obstacles, whoever is responsible for the estate needs to sort it out.
                              If the lodger sues the estate for the deposit, a court would award costs against them as well as ordering the return of the money.

                              Unless the lodger at least makes asserts their claim, the...
                              19-02-2019, 11:04 AM
                            • Reply to What happens to the deposit when a landlord dies?
                              Lawcruncher
                              Quite. The problem is that money is fungible. You cannot identify where the deposit is....
                              19-02-2019, 10:55 AM
                            • Debt Collection
                              Sweepiecat
                              Can anybody help please. I own a flat that is fully managed by a letting agency I’ve dealt with for 12 years. I received a letter from a debt collection agency asking me to ring them. I phoned them today and have found out there is an outstanding bill (which has been sold to the debt collection agency)...
                              18-02-2019, 22:53 PM
                            • Reply to Debt Collection
                              theartfullodger
                              Pay it today "under protest" to avoid further fees, then slowly sort the mess out.
                              19-02-2019, 10:53 AM
                            • Question about damage
                              Nearlytheone
                              Good morning, I'm new here so, firstly want to take the opportunity to say hello.
                              I'm living outside of the UK at the moment and my property in the UK is being rented out. I had an excellent Tennant who has now moved out. He has openly admitted damaging the lounge carpet. I have had a quote to...
                              19-02-2019, 10:07 AM
                            • Reply to Question about damage
                              jpkeates
                              A landlord is entitled to compensation for any loss in value of their asset(s) beyond fair wear and tear that occurred during the lease.

                              The formula that they should use, and a court (and the protecting company ADR process) will use is:
                              (Cost of the original item and any installation/fitting...
                              19-02-2019, 10:41 AM
                            • Reply to Question about damage
                              zanorias
                              Welcome.
                              What specifically are we talking about in terms of damage? As far as I'm aware, you can't deduct from deposit for fair wear and tear; if the tenant has looked after it as well as reasonably possible and been there a few years and it's slightly worn or light sofa indentation I wouldn't...
                              19-02-2019, 10:28 AM
                            Working...
                            X