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  • Legal FAQs

    Tenant taking landlord to court

    Hello,

    I’m an agent. One of my tenants is taking their landlord to court as the landlord doesn’t want to continue with the tenancy as the tenant has become disabled and relies on PIP/UC. The tenant is taking LL to court for “indirect discrimination” I believe it’s referred to as.

    The LL wants me to represent them in court. I am aware I act for the landlord but as this is a complex legal issue I don’t want to be involved. Is there a way that we have as little as possible input and be impartial to the courts and as I happen to side with the tenant (personally) but of course professionally I have to be on LLs side.

    Thanks

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    -Stacey Angel

    what is in your contract terms with the LL? can you terminate that contract? what was in the ad which led to the LL-T contract and what is in their contract? Spareroom ads for example have a box about will/won't take DSS, which is presumably legitimate. But if this is a good T amd there was no prior preclusion, then I guess you will be looking closely at your own contract. Why exactly does the LL want to evict? Best for you to get advice from your professional bodies, a legal specialist in resi law etc.

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    Unless you the agent are a solicitor my understanding is you cannot (may not) represent them in court. 


    What formal training in landlord/tenant law?

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    Your landlord is taking the p***.  He's using you as a cheap legal representative rather than a solicitor.  You are almost certainly going to be called as a witness so you can't represent him.  Tell him to go and get a solicitor to do the job property.  Unless you are legally trained you'll get murdered in court if the tenant turns up with a Barrister paid for on legal aid.  If some enterprising Chambers sees this as a chance to set a famous legal precedent, and enhance their reputation as champions of the downtrodden, you will be slaughtered and the Judge isn't going to be impressed either.  Just don't do it.

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    you must of course give your honest opinion at court under oath.  so best warn your client that you dont agree with them and that you will be saying this in court.

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    "landlord doesn’t want to continue with the tenancy as the tenant has become disabled and relies on PIP/UC"

    You should not represent him, he sounds like he is at fault. 

    Plus your not a solicitor, you can't represent anyone best you could be is a McKenzie friend. Tell him to get a solicitor.

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    Are you sure he's asking you to represent him, rather than going along to be a witness?

    I'm no expert but my understanding is that a defendant can represent himself in court, or hire a suitably qualified legal representative. (Though for minor matters judges have been known to turn a blind eye.)

    If a landlord asked you to do some plumbing for him, would you seriously consider it?

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    you are under no obligation to go to court, unless called as a witness and then you can forget it unless subpoenaed. I would stay well away from this its between the Landlord and tenant.

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