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Question Title: Service of notice
| Question: 76 |
| I have a property that is shared by four tenants. Three of them have been good tenants and although often late with their rent the 'good' three have always paid in the end. The fourth tenant is a different story, not only is he unpleasant he has not paid his portion of the rent since occupation and has now left the property owing rent in excess of £2000. He has moved far away and I have no idea of where he is living but have been able to confirm his place of work. Can I serve notice of proceedings on him there?
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| Answer: |
| The court does not normally allow notices of proceedings to be served on a defendant at his place of work however, in extenuating circumstances the court may permit such a service to occur. You should contact the Court Manager at the County Court and explain the situation; he will be best able to advise as to whether or not in these circumstances service at work will be permissible. If it is not permissible, you will need to do some investigative work. Perhaps the personnel department will help you although this is unlikely, or one of the remaining tenants (is his mail being forwarded?) If you do manage to serve the notice, you should be aware that if the tenant enters a valid defence to the summons (e.g. I did pay the rent), the hearing will be moved to the area in which the tenant is now living adding additional cost.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 2003 page 26 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 21 |
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factsheet-21
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For more information, discuss on the Forum
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