who can sue?

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  • who can sue?

    If a property is jointly owned by two people, such as myself and my partner and it is rented out to a T with only my partners name on the T agreement.

    Can I take the T to the small claims court for rent arrears or can only my partner as it is her name on the T agreement do this?

    Cheers

    ice.

  • #2
    If your partner ill-advisedly let in his/her sole name, only he/she is L (from T's point of view) and could sue T. You cannot.
    Why on earth was the error made, though?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      jeffrey is right as far as the T is conserned everything must be in her name, but I believe if you have her agreement, you can represent her in court.
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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      • #4
        Thank you for the quick responses.

        Usually it is both our names on the agreement. However, a mistake was made when issuing this particular T with this agreement (it was a working template) and was not noticed until the T brought some points to our attention.

        Does my partner have to be in court or can i do it all in her name and attend by myself?


        Cheers

        ice.

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        • #5
          See the Civil Procedure Rules, Practice Direction 27, paragraph 3.2

          http://www.justice.gov.uk/civil/proc....htm#id3585830

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          • #6
            I see no reason why you couldnt just write to the tenant stating that to comply with s48 of the L & T act your landlord(s) are now xxxxxx & xxxxxxx
            and the address for the serving of notices in England & Wales is xxxxxxxxx.

            Post by recorded and proof of postage.

            You can use this method when there is a change of ownship and therefore change of landlord but dont want to issue a new contract to the tenant so I see no reason why it couldnt be used to add a landlord.

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            • #7
              Thanks for the link westminister, will give that a read.

              @ JohnBoy - The 'T' is no longer our 'T' so I am not sure what effect sending a letter informing him of change of landlord would do - granted, i did not mention this previously, but thanks for mentioning it as it could well be something we should know about for future reference.


              Cheers

              ice.

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