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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a tenant taking court action against my landlords who

Resolved Question:

I am a tenant taking court action against my landlords who are a mother and son both listed as joint owners of the property I rent.
They have both been actively involved in the tenancy over several years. I have issued a disepair case against the mother.
How do I issue a disrepair case against the son ?
Do I just repeat the process with his name and address on the N1 form ? Do I mention the claim issued against his Mum in the particulars of the claim. How does court process handle what is effectively the same issue against people who are jointly liable ? Two different cases or merge them.
The mother is most likely to have the means to pay any compensation which is why I have started with a claim against her first.
Also, The son has been evasive about his address but has lived recently at same address as his mother . I had court forms returned earlier in the year because Iused their letting agents address and on that original claim form I had both landlords names down as defendants.
I issued a small claim against the mother a few weeks ago just over failure to protect my deposit, and I have a solicitors firm acting on a personal injury claim (started about a year ago). For the small claim and disrepair I am acting as an LIP at the moment (and followed the property disrepair protocol with the mother..keeping son in the loop) Son also been actively involved in all these issues and negotiations to resolve.
My expert surveyor report went ahead as a single expert as landlady refused him and ended up not appointing an expert of her own and otherwise failed to cooperate.
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether mother has filed a defence?

Customer:

No defence filed by mother, for the disrepair case, but I only posted the forms with a fee remission application last friday. For the forseeable future I qualify for full fee remission and I want to try and secure a quick judgement against the mother particularly because she spends time out of the UK, possibly EU holiday home and maybe trying to dispose of her property portfolio. I am concerned about having multiple claimants if having them increases the risk of delays.

Alex Watts :

OK - in that case you need to make a formal application using form N244:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You are making an application to the Court to add the son as second defendant.

Alex Watts :

If approved you can then file form N1 on the son

Alex Watts :

The matter will then be consolidated and dealt with as one claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Does having multiple defendants increase the risk of delaying proceedings, e.g, one party is always unavailable to attend court? If I go ahead with just the mother and I was unable to recover any monies from her after the judgement, can I then file separately against he son at a later date? Can mum claim the son lives elsewhere and she doesnt know the address thus blocking the claim? Thank you

Alex Watts :

No, it makes no difference really.

Alex Watts :

You can't issue one set of proceedings against one person and then another against someone else

Alex Watts :

Its a waste of the courts time

Alex Watts :

Does that help?

Customer:

Yes thats great thanks, ***** ***** to complete the N244 as suggested. How can I contact yourself in the future if (when!) I need more help with this issue? I'm also involved in family proceedings self representing which have been going on for the past 7 years, which will be in front of a district judge (enforcement of a contact order), would you be able to help with questions on proceedural issues if I need them? If I need to appoint a barrister do I have to go through a solicitor or can I find one myself? Is this a service justanswer can provide, I'm in Newcastle upon Tyne. Thanks

Alex Watts :

You can post more questions but start them: FOR ALEX W

Alex Watts :

I can answer them.

Alex Watts :

You can find a Public Access Barrister at: http://www.barcouncil.org.uk/instructing-a-barrister/public-access/

Alex Watts :

All questions are public, but your personal details are not

Alex Watts :

Does this help?

Customer:

Yes it does, thanks very much, have a good evening

Ash and 3 other Law Specialists are ready to help you