Best address to use for mcol

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    Best address to use for mcol

    I am the freeholder and need to sue a leaseholder who has let out his flat. He has moved and refuses to give me his new address when i phone him.I have his business address and an out of date land reg address for a ltd co.

    #2
    The latest address for any company can be obtained from Companies House website

    Comment


      #3
      So I will use the new co house address. I hope that will count as properl y served if it gets to court.

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        #4
        You can always use a tracing agent to track down the person

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          #5
          Is HE party to the lease or the Ltd Co ?, they are separate entities, no point sending correspondence to the Ltd Co. and trying to sue him personally.

          Plus are you sure suing is the correct route ?, normally for monetary amounts of service charges, etc, a freeholder would start a monetary claim at county court (mcol) which maybe transferred to FTT, for breaches of lease a freeholder often starts forfeiture proceedings.

          Its also worth looking at the lease and if legal costs are recoverable, they nearly always are under S146/Forfeiture clauses, but often not when starting legal action especially in older leases.
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

          Comment


            #6
            The ltd co is the leaseholder on the land reg but the address is wrong as co house has a new address.

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              #7
              In that case, you should take action against the Company and use the registered office as recorded at Companies House.

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                #8
                Yes..as eagle2 says, then wait and see if they file an AOS (Acknowledgment of Service) with MCOL/Court Servcice.
                Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                I do not accept any liability to you in relation to the advice given.

                It is always recommended you seek further advice from a solicitor or legal expert.

                Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                Comment


                  #9
                  Use all addresses you have, keep proof of postage, in case it ever ends up in court/tribunal.
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    As the lessee is the company, documents will be correctly served by using the address recorded at Cos House. Send correspondence 'Special Delivery'. If it turns out the lessee does not receive documentation because they failed to comply with the Cos Act 2006 providing Cos House with the correct address this will not disadvantage you.

                    However, I am assuming you are looking to take action in respect of an alleged breach of lease i.e. sub-letting. Firstly, make sure the lease prohibits sub letting and secondly you will need to apply to the FtT or a County Court for a declaration the lease is in breach unless the lessee has admitted the breach. These are thus your first steps.

                    Have you sent a formal letter in relation to the breach? If so, was there a response? It may be an idea to write to the lessee or instruct a solicitor to write. In any event, you will need to follow pre-action protocol.

                    On the other hand, you may be able to negotiate new lease terms allowing sub letting for a premium.

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                      #11
                      So far its just debt. Thanks for that detail vmart.

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                        #12
                        If it's debt then make a money claim online using the company address. You will also be able to claim interest.

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                          #13
                          Solicitors advise that you should not send letters by special delivery because they can be returned undelivered, they advise that you should obtain proof of posting from the post office, which is accepted by the courts.

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                            #14
                            Oh, eagle2 that's interesting regarding special delivery.

                            Comment


                              #15
                              Originally posted by vmart View Post
                              Oh, eagle2 that's interesting regarding special delivery.
                              I was reprimanded once for sending out a letter by special delivery, it did not matter in the end, it was signed for, but I have always obtained proof of posting ever since.

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