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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12727
Experience:  30 years as a practising solicitor.
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I rent a property originally purchased by three people. In

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I rent a property originally purchased by three people. In the Title Absolute it states that no disposition of the property can be made without reference to a Trust Deed in respect of the interest of the son of one of the purchasers. The son is named as the landlord of the property on our AST. Can this be correct if he is not the actual proprietor of the property. We may have to contest the tenancy in court and knowing who the correct landlord is would be most helpful. Thank you. *****: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
Assistant: Have you talked to a lawyer about this?
Customer: Yes briefly.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no thank you

Thanks for your question. The entry on the title makes a restriction on disposal of the property. From your description it is perhaps because the son transferred the property whilst he was insolvent and the trustee under the trust deed may still have a claim on the property if the monies required to be paid under the trust deed are not paid. However, that is a separate issue from the question of who your landlord is. A landlord should be the owner of the property and it appears that the tenancy agreement does not reflect this unless the son is acting as agent for the owners. In my view the correct landlord is the owner of the property notwithstanding the terms of the AST. I hope that helps. Please leave a positive rating so that I am credited for my time.

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