Managing Agent Name on AST

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    Managing Agent Name on AST

    Hi all,

    If I am managing a property on behalf of the landlord, how should I document the details on the AST so that if a court case ensued the Landlord would not have to attend court?

    I see 3 options available:

    1/ Landlord Name C/o myself
    2/ Myself noted as Landlord
    3/ Myself noted as Landlord Agent

    Any advice appreciated...

    #2
    You could be named as the landlord, or named as joint landlords.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Number 2 is a very bad idea. If you are named as landlord (whether alone or with the actual landlord) you will be liable to the same extent as the actual landlord.

      What it seems you are trying to achieve here is engineering a situation where you appear in court instead of the landlord. I do not think you can do that.

      On the whole best to leave your name out of the agreement. Putting it in can cause problems.

      Comment


        #4
        LC, could the court see this as a sham arrangement to avoid the Legal Services Act (ie allow a non qualified person to represent the landlord)? In which case - would that automatically result in any action being thrown out?

        Comment


          #5
          Originally posted by Snorkerz View Post
          LC, could the court see this as a sham arrangement to avoid the Legal Services Act (ie allow a non qualified person to represent the landlord)? In which case - would that automatically result in any action being thrown out?
          Rephrase your questions as statements adding in "drive a horse and coaches through" and you have hit the nail on the head.

          Comment


            #6
            Thank you for all your replies - interesting views.

            Am I correct in saying that if I am noted on the AST as C/o myself, I would still have no right to represent in court? If noted as Joint landlord is it ok for only one party to attend in court?

            In which case I should note as Landlord because I doubt anyone would ever do a title search and bring to court.

            Reason for all this is that the LL resides abroad and recently had to fly here twice simply to attend court.

            Comment


              #7
              There is no proper definition of what a landlord is in England & Wales.

              Hence, it is fine naming yourself as landlord for the purpose you speak of. The problem is that naming yourself as landlord may open up yourself to lots of other problems that you didn't envisage.

              The landlord could get a solicitor to attend court with you instead of flying over
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Thanks.

                Interesting!!

                Comment


                  #9
                  Just to emphasise the point, an agent representing him/herself as a landlord will be treated by the law as if s/he were the landlord even if s/he obtains no benefit other than commission. The agent will be fully liable for all breaches of obligation. It is madness for an agent to prepare a tenancy agreement with him/herself named as landlord.

                  The right to appear as a litigant in person is a personal right which cannot be delegated, even by power of attorney. To allow otherwise would undermine the protection afforded by the Legal Services Act 2007. The court may exercise its discretion and allow an unauthorised person to address it on behalf of another, but no one should expect to be able to do it regularly.

                  Comment


                    #10
                    Originally posted by thesaint View Post

                    The landlord could get a solicitor to attend court with you instead of flying over
                    The landlord could get a solicitor to attend full stop. No need for the agent to attend unless s/he's needed as a witness.

                    Comment


                      #11
                      Originally posted by westminster View Post
                      The landlord could get a solicitor to attend full stop. No need for the agent to attend unless s/he's needed as a witness.

                      I understand that.
                      The agent will have a much thorough understanding of the situation than either the solicitor or the landlord.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        I wasn't disagreeing with you, I was just pointing it out for OP's benefit.

                        Comment

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