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wrong name as landlord on county court hearing

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  • wrong name as landlord on county court hearing

    Hi
    Our ex tenants are claiming because we didnt protect their deposit on time. This we know and do accept our mistake but not the amount they want back.
    They have got a no win no fee solicitor who has put everything in my name personally and not the company name which is the landlord and owner of the flat. I have asked him twice over the past 6 months to correct this but court papers still came through with my name only (there is another director of the company's well as myself)

    I filled in the part 8 to explain all this and then had to follow it with an email to the court for the judge.

    I have now got to write a statement and give paper evidence to say why I am the incorrect defendant. The company owns the flat and is on the DPS certificate as being the landlord.

    Is the judge going to think this is being awkward or delaying things? the hearing is a phone call and is instead of being about the unprotected rent is now about me not being the correct defendant.

    What do I even put in the statement?

    I just dont want this in my name personally as I will be liable for all costs surely and its something that could again me in the future perhaps??

    thanks
    Tags: None

  • #2
    Well if it was I being sued incorrectly, I would just deny the claim on the basis I was not the landlord, and produce documentation to show the property was owned by the company and the company was the landlord.
    Presumably the rent agreement was in the name of the company.

    The judge might be a bit narked by a solicitor making a schoolboy error, but that's all.

    He might throw the case out, or allow the claimant to change the party being sued

    Comment


    • #3

      thanks for reply
      yes I think he was narked! he put a stay on the claim and I have put up a new thread about what it means for me as I am unsure.

      Comment

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