How does a Company Landlord sign an AST?
9:16 AM, 2nd June 2016, 10 years ago
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Twice now I have had a judge question how I have signed an AST on behalf of my company.
What is the correct way please?
Many thanks
Steve
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Member Since August 2013 - Comments: 323 - Articles: 1
3:06 PM, 6th June 2016, About 10 years ago
So, is the NLA generated AST right or wrong, see example below:-
eg at the top
LANDLORD(S): my name
COMPANY: my company
TENANT(S): my tenant
and at the bottom
THE LANDLORD: my name, my company
LANDLORD’S SIGNATURE: my signature
In my experience the NLA AST is unsafe and I am trying to get them to amend their forms generator.
Member Since July 2014 - Comments: 151
3:12 PM, 6th June 2016, About 10 years ago
Reply to the comment left by “Steve Masters” at “06/06/2016 – 15:06“:
I can’t say I deal with this often Steve so I don’t know for sure, but if your company owns the property, isn’t the company the landlord – not you? You are a director who can sign documents on behalf of the company but you are not the owner and landlord of the property – your company is. At least that’s my understanding.
Member Since August 2013 - Comments: 323 - Articles: 1
3:23 PM, 6th June 2016, About 10 years ago
Reply to the comment left by “Paul Franklin” at “06/06/2016 – 15:12“:
Your right Paul, the company is the owner and should therefor be the landlord, and the judges agree too, but they say this is not reflected in the way the AST has been generated by the NLA saying it gives the impression that I am the landlord.
I have spoken to the NLA and they can’t see the problem. I would like to try and persuade them to make changes to their generated AST to make it clear to any judge exactly who is the landlord and who is signing when a company owns the property.
Member Since July 2014 - Comments: 151
3:46 PM, 6th June 2016, About 10 years ago
Reply to the comment left by “Steve Masters” at “06/06/2016 – 15:23“:
I agree that the if the NLA document has been produced for a company let it appears to be at best unclear but is more likely simply wrong.
Member Since August 2013 - Comments: 883
4:06 PM, 6th June 2016, About 10 years ago
If the document is intended to be used when the landlord is a company then filling any other name under ‘landlord’ is incorrect and therefore so is the way the document is drafted with different fields for ‘landlord’ and ‘company’.
Member Since July 2014 - Comments: 151
4:42 PM, 6th June 2016, About 10 years ago
Also note that if tenancy deposit protection certificates and such like are incorrectly signed as per company requirements you may also be in breach of deposit protection prescribed information requirements which could also invalidate a s.21. There has been a recent case regarding this: Bali v Manaquel Company Limited.
Member Since August 2013 - Comments: 323 - Articles: 1
5:08 PM, 6th June 2016, About 10 years ago
Yes Paul, that is exactly the sort of reason why the NLA should be generating their ASTs and we should be filling out our ASTs correctly and beyond question!
Member Since August 2013 - Comments: 323 - Articles: 1
6:16 PM, 6th June 2016, About 10 years ago
Reply to the comment left by “Paul Franklin” at “06/06/2016 – 16:42“:
And this is exactly the sort of reason why I no longer take deposits!!
Member Since June 2015 - Comments: 194
3:02 PM, 18th June 2016, About 10 years ago
All of the above would work.
However for the avoidance of doubt I would suggest that when signing as director you put the following below the signature:
“Mr(s) A Name
Director
for and on behalf of ABC Ltd”
Should be totally clear why you have signed it then.