Service address for the previous tenant

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    #16
    Originally posted by JK0 View Post
    But it then goes on to say that if you can't ascertain his new address, you can still serve it at his old one.
    There also has to be no alternative method e.g. Facebook, email or WhatsApp.

    In practice, if it is a money claim, is there much point in serving a claim if you do not know where the tenant is so you can follow up with enforcement proceedings?

    A landlord can take advantage of the provisions of Direction 6.11 and provide in the tenancy agreement that proceedings started in respect of the tenancy after it ends may be served at a specified address or such other address as the tenant notifies in writing from time to time or by email to a specified email address or such other email address as the tenant notifies in writing from time to time.

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      #17
      Originally posted by Lawcruncher View Post
      In practice, if it is a money claim, is there much point in serving a claim if you do not know where the tenant is so you can follow up with enforcement proceedings?
      Yes - the tenant will have a judgement entered against them by default and a ccj registered.
      That sits in their credit history, usually unseen, until they next need a credit check.

      When they realise that they're either going to have to spend money trying to get the judgement set aside (if they know that that's possible) or settle the debt, there's a chance of enforcing the judgement.

      Most people don't go into debt unless they have to, which usually means that enforcement immediately isn't really an option.

      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #18
        Originally posted by jpkeates View Post
        Yes - the tenant will have a judgement entered against them by default and a ccj registered.
        That sits in their credit history, usually unseen, until they next need a credit check.
        Possibly satisfying to a landlord, but of no practical value and sending good money after bad.

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          #19
          Originally posted by Lawcruncher View Post

          Possibly satisfying to a landlord, but of no practical value and sending good money after bad.
          I think we have a wider societal responsibility to the LL community in weeding out these rogue traders. I'd be in support of pursuing the default judgment.

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            #20
            Meant rogue tenants in the post above

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              #21
              Originally posted by Lawcruncher View Post

              There also has to be no alternative method e.g. Facebook, email or WhatsApp.

              I'm just imagining filling in a facebook name under 'defendant's name & address' on a claim form.

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                #22
                Originally posted by JK0 View Post
                I'm just imagining filling in a facebook name under 'defendant's name & address' on a claim form.
                There's a case precedence for serving by WhatsApp I believe

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                  #23
                  Originally posted by Lawcruncher View Post
                  Possibly satisfying to a landlord, but of no practical value and sending good money after bad.
                  I know a number of people who have received payment several years after "the event".
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                    #24
                    Originally posted by JK0 View Post
                    But it then goes on to say that if you can't ascertain his new address, you can still serve it at his old one.
                    Where precisely does it state this please?

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                      #25
                      Originally posted by cymro123 View Post

                      Where precisely does it state this please?
                      Rule 6.9 part 6.

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                        #26
                        Thank you much appreciated

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