Smaal Claims Court question

arsenalboy

My son and other students have been dealt badly by a landlord. This relates to private sector student accomodation whilst at University. The accommodation was provided under an Assured Shorthold tenancy agreement.
Myself and another parent want to take the landlord to Court.

My question is that as the tenancy agrrement is in the name of the students, it is the students that should issue proceedings. We do not want the students to get involved and are aware that they can name us as their representaives within the Court papers.

However, is there a way to take a step further back from that and for the parents to be named on the court documents rather than the students?

DVardysShadow

Unless you are suffering a loss, you don't have grounds to take the LL to court. It must be done in the name of the tenants. If LL.s conduct is causing you a problem as guarantor, you may have grounds - but as guarantor you are more likely to be defending or counterclaiming, not claiming in the first instance. Might help to say what the core issue is.

arsenalboy

Property wasn't available to occupy because of building works at beginning of term. He had been paid in advance for rent which he refused to refund.
I understand that it is students who suffered loss (although funded by parent!) as agreement is in their name not mine.
We have to take him to court to get money back. I would rather do it as being more capable and have the time. I was hoping there was some way of the issue being legally "assigned" to me?

DVardysShadow

No real problem with you doing the paperwork in his name. If it gets as far as a hearing, you might need a solicitor - or some advice on how your son can present the case with you present to assist.

Equaliser123

You need to have a legitimate claim in order to submit it - otherwise it will simply be defended and struck out.

An assignment will probably work - depends if there is a prohibition in the tenancy agreement.

Equaliser123

DVardysShadow wrote: »

If it gets as far as a hearing, you might need a solicitor - or some advice on how your son can present the case with you present to assist.

Just on this point, you have a right to represent at hearing as a "MacKenzie's Friend".

arcon5

Now being responsible adults living away from home, surely they should be the ones to deal with their affairs with you guiding them, rather than taking the lead... otherwise where will the life experience come from

arcon5

Equaliser123 wrote: »

You need to have a legitimate claim in order to submit it - otherwise it will simply be defended and struck out.

no you dont - just wont get very far

wealdroam

arcon5 wrote: »

Equaliser123 wrote: »

You need to have a legitimate claim in order to submit it - otherwise it will simply be defended and struck out.

no you dont - just wont get very far

Isn't that what Equaliser said?... the bit in bold.

esuhl

In case it helps, the Courts Service's "Money Claim Online" website has a lot of information. I think it guides you through the small claims process, and you can submit your claim online too.

arcon5

wealdroam wrote: »

Isn't that what Equaliser said?... the bit in bold.

not really, each part of the sentence contradicts the other. If as said in the first part you cannot submit a claim that isn't valid, then it can't be struck off as in the second part as it doesn't exist.

although it was meant to be a bit of tongue in cheek, but that's awash now