Tenant behind on rent and found out he was arrested and not returned?

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    Tenant behind on rent and found out he was arrested and not returned?

    On a Short tenant failed to pay rent on 27th Dec and unable to contact him, i have found out from neighbours he was arrested at xmas time and not returned yet.

    Im unsure what do to as if i file for eviction and hes not there to accept any notifications as his items are there?


    Laurence

    #2
    You can still serve eviction documents to the property as his last known address.

    You still need grounds to evict however unless AST has expired or is due to within the next two months?

    Comment


      #3
      isnt due to end till Aug..

      will it be a section 8 or 21 i need to look into?

      Comment


        #4
        Grounds 8 if he owes more than 8 weeks in rent, Id serve the sec21 as well giving the correct dates.

        Comment


          #5
          thanks the bit im finding hard to understand.

          what happens as he cant accept the section 21 as him not being there.

          i have googled his previous address and the house number doesnt seem to exisit? as all though hes not there his clothing is?

          Comment


            #6
            He doesn't have to accept the notice, you just have to serve it.
            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).

            Comment


              #7
              his 'last known address' is the address you have for him, not a previous address

              Comment


                #8
                The section 8 or 21 isn't served physically, it is sent with proof of postage to your property and it's not your fault if he can't collect it.

                You can't give notice before The date AST expires using section 21 and you need grounds to issue a section 8.

                It seems you will have to wait until 2 months rent are owing and then issue a section 8

                Comment


                  #9
                  Originally posted by Wright76 View Post
                  You can't give notice before The date AST expires using section 21 ...
                  You can - as long as four months have elapsed since the tenancy began - but it can't expire until the end of any fixed term.

                  Comment


                    #10
                    Sorry for the bad wording I did mean that the notice date cannot be before AST expires.

                    I doubt OP will want to wait until August before eviction can be sought.

                    Comment


                      #11
                      I thought that there was some doubt about serving notices to the property when you know the tenant is in prison. I guess the OP could plead ignorance but I thought that some effort had to be made to serve notice through the prison service to avoid all risk when it gets to court?

                      Comment


                        #12
                        The problem is that "in prison" isn't an address and getting an address as a landlord (as opposed to a relative) is difficult.
                        https://www.gov.uk/find-prisoner
                        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).

                        Comment


                          #13
                          Originally posted by DPT57 View Post
                          ... I thought that some effort had to be made to serve notice through the prison service to avoid all risk when it gets to court?
                          I don't know of any authority that says a LL has to lift a finger to contact Ts in prison. Nearly all agreements specify the demised property as the proper place of service, but even if the agreement specifically provided for service at the last known (notified?) address, there is no more than neighbours' gossip (quite possibly accurate) that he's in prison, at all.

                          Comment


                            #14
                            Well there are well known examples of service of notice failing when the landlord knew the tenant was abroad, but I don't know if there are any cases where the tenant was in prison. However, as you say, the landlord might get away with saying they don't listen to idle gossip

                            Comment


                              #15
                              Originally posted by DPT57 View Post
                              but I don't know if there are any cases where the tenant was in prison.
                              Which side do you want authority for?

                              In Van Haarlem v Kasner (1992) 64 P&CR 214, a notice under the Law of Property Act 1925 through the letter box was held to be valid despite the landlord knowing well that the tenant was locked up in prison, and that solicitors acting for the tenant were asking to receive all documents.

                              In Lexi Holdings Plc v Luqman, service not effected at defendant's residence where, at time during which defendant serving substantial term in prison, claim form served at residence occupied by defendant beforehand.

                              CPR 6.9 requires a claimant (i.e. LL) to at make a reasonable attempt to locate the current address of the defendant if it is known that they are no longer residing at the last known address, and then if unsuccessful alternative method of service, before finally being allowed to serve at last known address.
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

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