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midlandslandlord
06-10-2011, 23:14 PM
[Apologies for the bodged title]

A previous Tenant who did a runner and owes ££££ has resurfaced in the Republic of Ireland.

Can anyone advise on the position on taking legal action in the County Court for a person in the RoI.

I have 2 ways of serving papers on T. One is through an address on a letter sent from their new address; the other is because I have an official notification from the Post Office in the last few days that the mail forwarding address for T at the property has been changed.

I think to actually recover the money I will need a bank account freezing order.

What attitude will the Court take? Can I serve papers through a diverted address?

Do I pursue or wait for XT to come back to the UK?

Thanks

ML

Snorkerz
07-10-2011, 08:08 AM
ROI does not come under our juristriction so you'd need to follow the EU courts route - which is not as straight forward as 'small claims'.

Well, I say that assuming the tenant has no assets in England/Wales?

The EU process is here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex725_e.pdf

theartfullodger
07-10-2011, 08:36 AM
'cors, it would be wrong to suggest taking action against "of no known current address", get CCJ then pursue for funds .....

Snorkerz
07-10-2011, 08:57 AM
'cors, it would be wrong to suggest taking action against "of no known current address", get CCJ then pursue for funds .....
Probably a waste of money if T has no assets this side of the Irish Sea. I have also heard that despite the 14 day 'set aside' rule that the courts are only too willing to cancel SCC decisions if the defendant claims not to have got the paperwork -which they will once you've gone to the expense of trying to enforce.

midlandslandlord
11-10-2011, 23:31 PM
It turns out that T has decamped to Northern Ireland not the RoI.

Am I right that means that I am within UK County Court procedures?

Can the defendant request a hearing in NI, in this case?

Thanks

ML

Lawcruncher
12-10-2011, 07:49 AM
The courts of England and Wales have jurisdiction to hear claims relating to tenancy disputes where the property is in England or Wales no matter where the parties reside. Where you may have a problem is (a) serving notice of the proceedings and (b) enforcing the judgement. As to service there is always a way to serve proceedings. If the position is not covered by the rules you can apply to the court for an order allowing you to serve by some other method. Whether you need permission to serve outside the jurisdiction I have no idea. I expect the answer is to be found in Part 6 of the Civil Procedure Rules (http://www.legislation.gov.uk/uksi/1998/3132/contents/made)

Snorkerz
12-10-2011, 08:54 AM
I have an 8 unit apt complex and had a tenant break a lease with no notice and 6 months left on the lease.That's nice.