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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am making a claim for relief against forfeiture on a commercial

Resolved Question:

I am making a claim for relief against forfeiture on a commercial let. I would like to check who I put down as the defendant. On my letting agreement it is Joe Blogs Esq of B Blogs, (no reference to it being a limited company) on all correspondence from the defendant it is on B Blogs Letterhead just signed by Joe Blogs ( no notice that it is a limited company & no notice of incorporation) On notice of forfeiture from solicitor it is B Blogs Limited so do I name the defendant as Joe Blogs of B Blogs or Joe Blogs of B Blogs Limited or just B Blogs Limited ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

You would put down the organisation named on the tenancy agreement that has signed it.

Alex Watts :

Therefore the title is Joe Blogs Esq trading as B Blogs.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

In any event when you make the application if the title is wrong you can apply to amend it.

Customer:

So if I have received a notice of forfeit by peaceable re-entry from B Blogs Limited under a letting agreement that was in the name of Joe Blogs Esq, B Blogs, not B Blogs Limited & the actual signature is just Joe Blogs ? therefore has a lawful peaceable re-entry happened ?

Customer:

I feel I should be putting B Blogs Limited as that is the name on the notice of forfeiture, as such B Blogs Limited has no Letting Agreement or a clause for forfeiture by peaceable re-entry

Alex Watts :

If A has signed the contact and B has re-entered then that is not a proper re-entry as it needs to be the Landlord or agent.

Alex Watts :

Does that help?

Customer:

Yes & No.....B Blogs & B Blogs Limited are 2 different legal entities as far as company law, perhaps I am being too literal as the notice of forfeiture from solicitor of B Blogs Limited states that B Blogs Limited as the client has forfeited my tenancy by peaceable re-entry. In the notice the solicitor also alludes to the fact that there are rent arrears but mistakenly forgot to put the amount after the £ sign & added to which an incorrect figure for rent is shown in the notice which includes an allowance for business rates, all in all a bit of a pigs ear for a formal legal notice given that this included Tort (Interference with goods) Act 1977 s 12 again the bailee being B Blogs Limited

Alex Watts :

Only the people who are named as Landlord can gain entry - only the other company can if they have been instructed.

Alex Watts :

If they are purporting to be the Landlord then you can sue them/

Alex Watts :

But the original relief must be against the Landlord proper, who is named on the tenancy agreement.

Alex Watts :

Does this help?

Customer:

so you are saying ignore the notice of forfeiture & just

Customer:

Thank you

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