Getting around the RTA

[xris]

Something came up today thet made me think. Any opinions welcome.

The landlord is a company and the tenant is unhappy about something, but in particular about the person they are dealing with who happens to be a director of the company.

Rather than go through the usual process of filing a claim to the TT against the landlord compant, that they probably will lose because everything has been done correctly, the tenant tries to file a claim against the person they have been dealing with in her capacity as a director of the landlord company.

Will this go anywhere? Or will it be dismissed because it needs to be dealt with by the TT, and will therefore be a claim against the landlord company and not against the director personally.

Any comments would be of interest.

xris

[spurner]

The tenant has a contract with the company/property manager. IMO that's where responsibility ends, hence the limited liability.

Probably if the owner had signed the paperwork in their own personal capacity, and intentionally or unintentionally omitted the company details from the agreement, then a claim could be made against the individual acting.

[xris]

The tenant has a contract with the company/property manager. IMO that's where responsibility ends, hence the limited liability.

Probably if the owner had signed the paperwork in their own personal capacity, and intentionally or unintentionally omitted the company details from the agreement, then a claim could be made against the individual acting.

Thank you spurner, my thoughts too.

However, I was wondering if there is any case that can possibly be made against the director in her capacity as director?

In the example I am thing of, the person has always acted as representing the company landord, and that is not in dispute. the tenant is annoyed with the person they have dealt with and is mereky trying another angle, realising that the TT angle is a non-started for them.

xris

[spurner]

Well, when company directors have acted illegally, perhaps defrauded the IRD or shareholders(actually I suppose the IRD are shareholders too in a roundabout way!) they can be pursued individually.

Following along those lines, maybe the determination depends on the seriousness of the issue...

[Glenn]

Regardless of the correct legal position I do note that our local adjudicator has been asking details of the real owner for the last 12 months or so. I suspect this is a general thing that the adjudicators are doing around the country.
They are making a clear distinction between Trading as companies, Partnerships, trusts, and Real companies Ltd.