Taking tenant to court

[michaeldigby]

Hello everyone,

I am taking my tenant, now ex-tenant as they managed to move out... to court for rent arrears.

The claim is already in progress and now awaiting a hearing in the coming months.

The defendant has now moved on, however there is no forwarding address. I think he may have left the country. I am unable to contact him, phone, email etc. No luck.

So what next? it will go to court and what happens? if the defendant doesn't turn up, will they get a default judgement? how will the court set an order if there's no address for the defendant?

How will I enforce a judgement?

Am I wasting good money after bad by going ahead with this and taking it to hearing.

What are your thoughts?

[atticus]

If you cannot locate your defendant or any property belonging to him you will be wasting your time and money.

[dslippy]

I would certainly be careful before spending much more, but as yet you do not actually know that he has left the country.

This is just part of the cost of being a landlord.

Many years ago now it was estimated that only a quarter of money judgments were paid.

[michaeldigby]

Well as it stands there is already a case open again him as I started proceedings whilst he was living at the property and prior to getting a possession order.

The case is going to hearing soon. Assuming he won't turn up, will the judge still hear the case?

Anything he can do to blind-sight me? if someone moves abroad can they get a stay or cancel the hearing?

Thanks for the help.

[atticus]

q1. yes.

q2. I doubt the court would consider that a good reason. But if he tries that surely he will have to give you an address.

[michaeldigby]

Another question that has come up, I have to deliver a trail bundle to the defendant, obviously I cannot do this, no current address and emails bounce back.

Can the defendant put in an application to strike out the claim on the basis that I did not comply with directions?

[atticus]

If the defendant makes that application, then (a) straight away send a copy of the trial bundle to the address he gives and (b) show all your attempts to communicate with him.

[michaeldigby]

If the defendant makes that application, then (a) straight away send a copy of the trial bundle to the address he gives and (b) show all your attempts to communicate with him.

Yes but I suspect the defendant will blindsight me and do this the day before, and will most likely use a foreign address.

I'm guessing I'm screwed in that case, I won't be able to provide any proof.

[michaeldigby]

Yes but I suspect the defendant will blindsight me and do this the day before, and will most likely use a foreign address.

Or use their existing address (my property)!

[atticus]

Are you seriously suggesting that you should use an address at which you know for certain this person no longer resides?

Go to court ready to explain all your efforts so that you are not taken by surprise by anything you have anticipated. If you were in the scouts, you will remember their motto.

[R0b]

Are you seriously suggesting that you should use an address at which you know for certain this person no longer resides

Don't see why not.

If the tenant address was the correct address at the time for service then I don't see why the same address can't be used for service of the bundle. The OP might have an inkling that the tenant has left the property or even the country but the tenant might have set up a redirect service or someone to collect his post and forward on to him.

Not the job of the OP to go on an investigative hunt to find out where the bundle should be served. In fact, CPR 6.24 makes this pretty clear:

Change of address for service

6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party

Many law firms have been caught out by this after they have acted for a client on a particular matter and there are subsequent proceedings where they are not instructed to act. Until they come off the record confirming that they are no longer acting, service of a claim form or documents to the firm's address would be deemed valid service and in my view the principle is no different here.

[atticus]

OK - that assumes the tenant has given an address for service. The OP may know.

[michaeldigby]

Are you seriously suggesting that you should use an address at which you know for certain this person no longer resides?

Go to court ready to explain all your efforts so that you are not taken by surprise by anything you have anticipated. If you were in the scouts, you will remember their motto.

No I am suggesting the defendant will just use the address they no longer reside at.

[michaeldigby]

In any case I reckon my efforts are wasted, the guy is not a UK resident, no known assets, no forwarding address and at a guess has disappeared into thin air.

[michaeldigby]

Not the job of the OP to go on an investigative hunt to find out where the bundle should be served. In fact, CPR 6.24 makes this pretty clear:

Change of address for service

6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party

And what if the party decides they are of no fixed abode?

Sorry I'm just trying to cover every angle.