Our client had been housed in private rented sector accommodation by London Borough of Lambeth when she had approached them for homeless assistance in 2017. Our client and her daughter were provided with a one bedroom flat under a “homeless prevention” scheme. In April 2019 our client was served a Section 21 possession notice by the letting agency and in September 2019 a staff member of the letting agency brought possession proceedings against our client.
Our client had never met her landlord and her tenancy agreement was signed by the claimant in place of the landlord. The landlord’s address was listed in the tenancy agreement as that of the letting agency. All our client’s communication had been with the claimant, rather than the landlord. The proceedings were defended on the basis that the claimant did not have locus standi as the tenancy and pleadings stated that the landlord was a different person to the claimant and the claimant also had no interest in the property. It was submitted that the landlord’s address was listed in the tenancy agreement to satisfy S. 48 Landlord and Tenant Act 1987, and it did not imply that the landlord was in fact the agency. Furthermore, no notice pursuant to S. 3 Landlord & Tenant Act 1985 had been served on our client to notify of a change in landlord to the claimant. The court found that the claimant did not have sufficient standing and the claim was struck out.
