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homer
31-05-2009, 15:00 PM
As a LL, I have been able to recover the deposit from the scheme after a dispute resolution process. However, the tenant owes me more than the deposit amount. Therefore, I would like to claim the remaining amount via courts.

I have his work address, I know that he forwarded the mail with Royal Mail from the property (i.e. If I send him a letter to the property address, it will be forwarded) and I know that he sometimes stays at the address upstairs.

The site http://www.hmcourts-service.gov.uk/cms/1051.htm says that I won't be able to use the work address. And if I use the property address, I think this would affect the rating on the address.

Does tracing tenant services really work?

westminster
31-05-2009, 17:50 PM
As a LL, I have been able to recover the deposit from the scheme after a dispute resolution process. However, the tenant owes me more than the deposit amount. Therefore, I would like to claim the remaining amount via courts.

I have his work address, I know that he forwarded the mail with Royal Mail from the property (i.e. If I send him a letter to the property address, it will be forwarded) and I know that he sometimes stays at the address upstairs.

The site http://www.hmcourts-service.gov.uk/cms/1051.htm says that I won't be able to use the work address. And if I use the property address, I think this would affect the rating on the address.

Does tracing tenant services really work?

See CPR (civil procedure rules) PART 6 here (http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm). All the info you need is there - the rules particularly relevant are: 6.5, 6.9 and 6.15. (I'm not a lawyer and I find it's essential to read the CPR very carefully several times, going back and forth to check all the exclusions etc, before I fully understand the procedure).

It looks like the easiest way in this situation is to serve claim in person (see rule 6.5(2) ) - you know where he works. Best to hire a Process Server (google & find one with a fixed fee) rather than try to DIY as you could easily make an error and then you're back to square one if it's served incorrectly (for example, you may need a professional witness to provide an affadavit or something - dunno)

It's also possible to serve at the "last known address" (rule 6.9) if the defendant has not provided a current address for himself or a solicitor for service. See 6.9(3) which says you first have to take "reasonable steps" to trace current address if you know defendant doesn't actually live at the last known address. i.e. have a trace done - doesn't matter if it's unsuccessful because you've taken "reasonable steps".

However, it may be complicated by the fact that you know his work address. According to CPR 6.9(4 & 5) it looks like you may have to then apply for the court's permission to serve at an alternative address which isn't usually permitted, and in this case it's arguable that his work may be considered an alternative. See rule 6.15.

Which is why I'm thinking service in person is your easiest, most reliable, option in this situation.