Reply To: Landlord is the commercial subsidiary of a RSL

Peter Barker

You need to check Companies House and the FCA societies register to establish whether the commercial company actually exists. If it is just a “trading as” name used by the HA, it is the HA that is the claimant’s landlord.

Even it does exist as a separate legal entity, the wording of the tenancy suggests that it is not the landlord in any case.

For example, the Home Group uses the trading name Stonham for some of its supported housing work – they used to hold the MoJ BASS contract. There is a company called Stonham Ltd, set up the Home Group to protect the brand name, but is dormant and has never traded. When the Home Group goes around calling itself Stonham, it is in fact legally the Home Group that is the active entity. Thus the leases for the BASS properties were between Home Group and the property owners, and the service users’ licence agreements referred to Home Group as the landlord, even though the project was branded as Stonham and there was information about in the Stonham area of Home’s website.