Taking tenant to court

[R0b]

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

Sorry I'm just trying to cover every angle.

Not sure that really matters, it would up to the court to decide next steps, not you. Even if the tenant has no fixed abode, which would be surprising if they chose to leave the country but I guess not impossible, there are other ways of the the tenant receiving documents such as email address, whatsapp, social media, SMS.

At the end of the day, if the tenant has willingly left the country of his own accord, I doubt he would be returning anytime soon unless he really has to. I would find it strange for the court to reverse a possession order for someone who has opted to leave the country and then months if not years later tries to argue he or she should be entitled to possession of the property. and chose not to engage in the legal process..

[michaeldigby]

Not sure that really matters, it would up to the court to decide next steps, not you. Even if the tenant has no fixed abode, which would be surprising if they chose to leave the country but I guess not impossible, there are other ways of the the tenant receiving documents such as email address, whatsapp, social media, SMS.

At the end of the day, if the tenant has willingly left the country of his own accord, I doubt he would be returning anytime soon unless he really has to. I would find it strange for the court to reverse a possession order for someone who has opted to leave the country and then months if not years later tries to argue he or she should be entitled to possession of the property. and chose not to engage in the legal process..

Possession order is not what I'm going for. Already done that. There is no question about the ex-Tenant requesting possession, they gave up possession and I got an order.

This is a case for the rent arrears.

[atticus]

Well, you may get something that will go on his credit record. Whether you get any money out of this ex tenant is questionable.

[R0b]

Same principle applies with rent arrears, the onus is on him to notify the court and if he didn’t, the court will expect him to provide a reasonable explanation backed up by evidence.

Personally I think you are overthinking it and suggest you deal with one issue at a time. First get your judgment then if the tenant seeks to set aside or appeal the order, deal with it when you cross that bridge

[michaeldigby]

Not overthinking, I've already been stung by this guys a few times and he has cost me a few thousand in fees and costs. This has been on-going for a while.

As I said, I'm trying to pre-empt his next move and the possibilities of what he can do next and what more he can do to make it cost me.

Thanks for the understanding.

[michaeldigby]

Well, you may get something that will go on his credit record. Whether you get any money out of this ex tenant is questionable.

I don't think I will get anything out of him to be honest, but I have got this far so might as well proceed. Or am I wasting the £1000s in solicitor fees for the hearing.

[atticus]

That is for you to decide. How much does the defendant owe?

[dslippy]

My understanding is that once a party has done anything to provide an address for service, it is for him to keep that up to date, not for anyone else to chase about looking for him.
'No fixed abode' is not an address for service. It is not an address.
Two things there
What good reason was there to use the address for service used until now.
If genuinely he has gone and you know not where, then what is the point in continuing?

[michaeldigby]

What good reason was there to use the address for service used until now.
If genuinely he has gone and you know not where, then what is the point in continuing?

He previously was living at the address until I evicted him. The address I used was the address he was living at, at the time I started the claim.

No forwarding address, disappeared into thin air.

[michaeldigby]

That is for you to decide. How much does the defendant owe?

6 figures.

[atticus]

How much?
For that I would press ahead and spend more tracing the guy. Don't forget, judgments can be enforced years later.

[michaeldigby]

How much?
For that I would press ahead and spend more tracing the guy. Don't forget, judgments can be enforced years later.

The guy is no where to be found. Have tried all avenues.

Is there a chance the judge will throw this out of court if the defendant doesn't turn up?

[atticus]

Can I suggest that you stop the introspective navel-gazing and concentrate on the case you have to present to the court.

[michaeldigby]

Can I suggest that you stop the introspective navel-gazing and concentrate on the case you have to present to the court.

You suggestion is welcome, but not needed, the case is being handled and that's not the issues.

As I said, I'm looking to cover myself in case I get played by the defendant.