Can a letting agent represent a landlord in court?

Only ‘authorised persons’ e.g. solicitors and barristers are permitted to represent someone in court. If the letting agent is an authorised person then they could of course represent the landlord in court. With leave of the court a letting agent who is not an authorised person could attend a court hearing in the following situations:

  • If the landlord is a company, the company can appoint a syndic to represent it
  • As a witness
  • As a McKenzie Friend (sometimes referred to as a next friend)

It is entirely at the discretion of the judge whether they ‘hear’ a person who is not an authorised person so it cannot and should not be relied on.

Non-authorised persons should not sign any forms in connection with litigation on behalf of the litigant (the landlord) and landlords and letting agents should consider carefully what activity the letting agent’s indemnity insurance covers in legal situations.

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