Horrible tenant and my address on court documents

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    Horrible tenant and my address on court documents

    I'm having trouble with a tenant who is not paying the rent. My agency don't seem to have done a lot, so I went round to see the tenants myself. They were abusive and very threatening. Now the agents want me to sign court paperwork to start evicting them, but the paperwork requires my name and home address, which is less than a mile away from the property in question. Is there any way an alternative address can be put on the paperwork (such as the agent's address)? My agent says that it must be my own address, but I'd really rather avoid this...

    #2
    The tenant has a right to your name and address anyway (section 1 - 1985 Landlord and Tenant Act) so it really makes little difference.

    I'd be inclined to think that the agents address would be fine (it is acceptable as an address for service of documents) but I'm not a lawyer.

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      #3
      Is there anyone here who is a lawyer? I'd like a definitive answer if possible as I live on my own with 2 children and a more than a little worried. My ex-husband might have relished a fight with the tenants if they turned up at my front door, but I certainly do not!

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        #4
        Originally posted by unhappyh View Post
        Is there anyone here who is a lawyer?
        There will be several along later - they're a bit like buses! However, why not ring your local court for guidance?

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          #5
          Originally posted by unhappyh View Post
          I'd like a definitive answer if possible as I live on my own with 2 children and a more than a little worried.
          If the claimant is an individual, the claim form requires the residential address to be given. You can only use a business address if you are claiming under a business (e.g. 'trading as') or limited company name.

          See Practice Direction 2.2 from the Civil Procedure Rules (these are the official rules which govern civil claims).
          http://www.justice.gov.uk/civil/proc...6.htm#IDAENPVB

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            #6
            Oh dear. Doesn't look like I have a lot of choice - unless I want to leave these people living for free in my house!

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              #7
              Not clear why the agent is not giving you more support given that you are paying him a percentage!!

              Would recommend most strongly that you do not confront again for your own safety BUT at the same time I would report the matter to the police on the basis that you have been "Threatened" and are concerned for your safety as you live close by once court matters start. The advantage of this approach is that if there is an incident and you call them (which you should do so with immediacy if something kicks off) then they will have sufficient data in their system to move you up the priority scale. It is critical that when speaking to the old bill you make it clear you were threatened and that you fear for your safety when matters proceed because that approach means that they must record in in their database.!!

              Now go and jump all over your agent but face to face not by phone and tell him that you do not consider their service is good enough!! Demand to speak to the main man(woman being pc!!) not front office staff with your controlled anger head on!! I say that on the basis that we have several hundred properties and would never treat an LL in that manner!!

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                #8
                Thanks - that leads me to another related question. I don't know if it requires a new thread or not, but someone will advise I'm sure:

                With regards to the court/eviction process, the agents have asked me to hire a solicitor to complete the court paperwork properly, serve it, and appear at court. I've made some enquiries, and this looks like it is going to cost into 4 figures when all is said and done. Should my agent not be completing and serving the paperwork etc., as they put the tenant in the property?

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                  #9
                  Originally posted by unhappyh View Post
                  Thanks - that leads me to another related question. I don't know if it requires a new thread or not, but someone will advise I'm sure:

                  With regards to the court/eviction process, the agents have asked me to hire a solicitor to complete the court paperwork properly, serve it, and appear at court. I've made some enquiries, and this looks like it is going to cost into 4 figures when all is said and done. Should my agent not be completing and serving the paperwork etc., as they put the tenant in the property?
                  Often it is not in the scope of a day to day agents business - they often aren't clued up or capable of doing it. You could undertake the paperwork yourself, but a solicitor specialised in L&T matters will be able to give you the best advice. I believe you will be awarded your costs if you win (whether they are actually paid is another matter!).
                  [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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                    #10
                    Originally posted by unhappyh View Post
                    Thanks - that leads me to another related question. I don't know if it requires a new thread or not, but someone will advise I'm sure:

                    With regards to the court/eviction process, the agents have asked me to hire a solicitor to complete the court paperwork properly, serve it, and appear at court. I've made some enquiries, and this looks like it is going to cost into 4 figures when all is said and done. Should my agent not be completing and serving the paperwork etc., as they put the tenant in the property?
                    It will depend on what they are contracted to do in their agents' agreement with you. Many agents do not touch litigation because they struggle to do the easy legalprocedures (serving valid notices, etc), let alone the difficult stuff. Read your agreement and see what they - and you - agreed to.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                      #11
                      Originally posted by unhappyh View Post

                      With regards to the court/eviction process, the agents have asked me to hire a solicitor to complete the court paperwork properly, serve it, and appear at court. I've made some enquiries, and this looks like it is going to cost into 4 figures when all is said and done. Should my agent not be completing and serving the paperwork etc., as they put the tenant in the property?
                      As MTG says, serving notice may be part of the services the agent agreed to provide; however, they cannot represent you in court.

                      It would be cheaper to use a service like this than solicitors:
                      http://www.landlordlaw.co.uk/

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                        #12
                        Thanks for you help everyone, it is really appreciated!

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