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

                            • Tenancy break up
                              Captain Birdseye
                              Hi hope someone can help with this situation.

                              Tenants have been with me for over a year and signed joint tenancy. Now on a periodic tenancy the lead tenant has given me 1 months notice to vacate the property due to relationship break down. The other person wishes to stay in the property...
                              26-05-2018, 10:49 AM
                            • Reply to Tenancy break up
                              Captain Birdseye
                              Yes but there is nothing to stop me issuing the other tenant a new tenancy? It may not be an ideal situation but i am starting to think of my options - best case scenario is rent from day 1. worst case scenario they refuse to leave and it takes me months to evict, then refurbish property, then re let....
                              27-05-2018, 17:12 PM
                            • Reply to Tenancy break up
                              DPT57
                              Just tell them they will all have to leave once she serves notice and explain the consequences if trespass if they dont leave. Once she has served the notice it cant be revoked so its out of your hands anyway
                              27-05-2018, 15:03 PM
                            • Attic conversion liability issues
                              Col13
                              Hi, I am new to the letting business, and have just come into possession of a terraced house that I intend to let rather than sell. The attic in the house I am about to let out was converted 35 years ago, without building control or planning. Its fine, but doesnt satisfy modern regs in terms of fire...
                              26-05-2018, 10:18 AM
                            • Reply to Attic conversion liability issues
                              DPT57
                              Tenants will be tempted to sublet the attic or AirBnB it. If you have concerns about the attic space then I would say this property is not really suitable for letting
                              27-05-2018, 14:59 PM
                            • Dispute with landlord over deposit
                              MarieMB
                              I have recently moved out of a property and requested my deposit back (£2000) from my landlord which has been protected in My Deposits scheme. I paid rent every month on time and gave him the correct amount of notice prior to moving out. I left the flat clean and received an email response from him...
                              13-05-2018, 20:47 PM
                            • Reply to Dispute with landlord over deposit
                              MarieMB
                              Hi all,

                              Thank you for all of your responses. They are very helpful.

                              Mariner, to answer your questions, it was a joint tenancy, I am listed as the lead tenant and it is my name on the deposit scheme. He took out the insurance option, which means he has spent the money. What...
                              27-05-2018, 13:10 PM
                            • Gdpr
                              serendipity129
                              Reading so much conflicting information.....I have 1 property, 1 tenant and I hols and electronic contract and have their email address, should I register and send a privacy notice?
                              24-05-2018, 09:43 AM
                            • Reply to Gdpr
                              JK0
                              Thing is, if that were the case, now the law is in place, it is too late to email anyone to ask for consent for future emails. ...
                              27-05-2018, 10:58 AM
                            • Reply to Gdpr
                              Stef Cooke
                              Rarely! And the number of large corporations who got it all wrong, some of whom are now trying to say they are sorry, can they take it all back?

                              I am holding off with the "I told you so's" for the more stridently convinced colleagues who were so rudely certain they had to ask...
                              27-05-2018, 10:14 AM
                            Working...
                            X