I have a tenant that is avoiding service, can I effect service by leaving it at his place of work or do the court need to stipulate a means of service on the basis that the tenant has been avoiding me ?
2007-06-22 03:14:37 · 6 answers · asked by cib process server 1 in Politics & Government ➔ Law & Ethics
The rules in the UK are as follows:
You should post it, or deliver it, to his/her last known address. Given that it's a notice to quit, I assume that will be the property rented by you to them.
Best to do it personally - put a copy through the letter box and pin a copy to the front door.
Unlike in the movies, you don't need to actually hand it to them.
Any other method requires the court to specify a means of substituted service -which is pretty easy.
At the posession hearing, the judge needs only be satisfied the notice cames to the tenant's attention. You should prepare a short witness statement outlining the steps you took to effect service, send it to the court and the tenant in advance of the hearing.
All should go swimmingly.
2007-06-22 04:27:51 · answer #1 · answered by JZD 7 · 0⤊ 0⤋
Every state has different laws governing landlord/tenant disputes. In our state, you have to post the Notice to Quit on the premises and send it by certified mail.
I also have a landlord/tenant lawyer that I confer with regularly. If you don't have the money to hire an attorney do a search for landlord groups in your area. They usually have Yahoo groups and meetings in order to better educate landlords. If you do not have a business entity, you can file a rent/possession in court pro se. If you have a business entity you are required to hire an attorney. But whatever you do, file immediately because the process will take months.
Good luck to you!
2007-06-22 10:20:27 · answer #2 · answered by Lacey G 3 · 0⤊ 0⤋
It all depends on where you live. I know there are websites on the internet that can help you out. Just type in Landlords and Tenants act and where you live.. example Landlords and Tenants Toronto.. These sites will give you ALL info you need. Good luck :)
2007-06-22 10:19:20 · answer #3 · answered by ? 1 · 0⤊ 0⤋
Pop onto a site called Landlordzone.co.uk - some very clued up people in there who will be sure to help.
Otherwise, if you already have the Notice a quick word with the Clerk to the Court should point you in the right direction.
2007-06-22 10:19:17 · answer #4 · answered by Sal*UK 7 · 1⤊ 0⤋
Mail and nail. Serve'em by mailing, and also by attaching a copy to his door. Its only legal if you do both.
2007-06-22 10:18:21 · answer #5 · answered by omnisource 6 · 2⤊ 0⤋
You might find the answer here.http://www.housinglaw.org.uk/NTQ.htm
2007-06-22 10:22:29 · answer #6 · answered by proud walker 7 · 0⤊ 0⤋