Ltd company

[rumpole2018]

Hi, my friend is taking his commercial landlord to court.
so, what is the format for the respondent on the claim form
If the director of the company is called Mrs Treacle, is it
Mrs Treacle trading as Brownpaint Limited,
or just Brownpaint limited?
Is the address the directors home, or place of business.
Thanks in advance for any info,advice etc.

[Huxie]

Tony Reeves

I don’t wish to appear rude but can I just ask, are you joining the community to offer free advice based on your professional knowledge or are you here for business purposes?

[pc52straw]

These are my general observations based on what I've seen in a variety of claims.

The starting point should be, what does the contract in writing say (if there is one). The contract ought to make it crystal clear which entity you should be naming as the respondent and what the service address is; if the contract does not, and the website and other paperwork don't shed any light on it either, then that could be problematic.

I'd be interested to know if the experts agree with these observations of mine:

1. Companies Act rules may apply if a contract has the signatures of two authorised company officers or the signatures of one director (e.g. Mrs Treacle) and a witness, OR if it has a common seal/stamp confirming that the contract is with the limited company. In those situations, the claim is perhaps best filed as "Brownpaint Ltd", with Mrs Treacle named as the point of contact. However, there may be situations where "Mrs Treacle t/a Brownpaint Ltd" would give you more protection if the firm goes out of business.

2. If the contract says "Brownpaint" but doesn't mention "Brownpaint Ltd" anywhere, and Mrs Treacle is the only named party, then "Mrs Treacle t/a Brownpaint" could be the most appropriate.

4. If the word "Brownpaint" doesn't appear at all on any of the paperwork, website etc, "Mrs Treacle" could be the most appopriate.

5. If you're still not sure, perhaps check with council registers (for example, the HMO register may present "Mrs Treacle" or "Brownpaint" instead of "Brownpaint Ltd").

6.“Brownpaint Ltd trading as Brownpaint“ ought to be a redundant statement - Companies House and Business Names Acts have established principles to the effect that Mrs Treacle should only have one business using the name "Brownpaint" so in theory "my company, Brownpaint Ltd, is not my business t/a Brownpaint" should be rather difficult to argue.

[echat11]

@admin

[EXC]

@admin

Sorted.