If an unregistered charity wants to initiate litigation against a tenant of one of their properties, whose name is the claim brought in, is it the individual members / trustees of the trust or the name of the trust itself? And if it is the individuals, can they also reference the trust as a claimant ?
Such litigation should normally be brought in the name of the legal title holders of the property in question or, if different, in the name of the parties who created the tenancy (or their assigns).
However, to ensure that the intended claim does not get thrown out on a technicality, I suggest the trustees should instruct lawyers who routinely deal with landlord and tenant matters, who should know in whose name the claim should correctly be brought.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
If the proprietor of the property was the “Official custodian of charities” and recorded as such with the land registry, would they also have to be named as the claimant, being the registered owner of the property?