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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I own a public house. The tenant has left a few weeks prior

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I own a public house. The tenant has left a few weeks prior to the expiration of his tenancy. He apparently signed an agreement for sanitary bins for 5 years(!) - according to the supplier - in the name of the pub, whilst having less than 12 months remaining on his lease. I do not want to use this supplier but they are saying the contract is binding on me. I say it isn't as I didn't sign it and the tenant had no legal authority to bind the property owner as a tenant. Furthermore, the name of the property is merely the name and is not a legal entity. Can you please confirm?

You are right, you are not a party to the contract between the tenant and the supplier and have nothing to do with it.

The supplier will need to chase the tenant, not you and you may tell the supplier not to communicate with you any more about this issue as it is none of your business.

Hope this helps
Customer: replied 3 years ago.
Just to clarify. They claim that he signed for 'the crown'. I said he has no legal status other than as a tenant and had no authority to bind either the owner or incoming tenants. Even if he used it as a trading name, am I correct to say that a trading name has no legal status? I just need to be clear on what ground I am claiming I am not bound.
As you rightly say, he had no authority to bind you or your business. Even if he signed on behalf of your legal registered business name, the fact that he had no authority to do so would absolve you from liability, just as I cannot sign a contract on behalf of for example Tesco Plc simply because I do not have the authority to do so, even if I signed it in one of their stores whilst shopping or idling.

Hope this clarifies
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