News

Serving notices and issuing proceedings against absent Tenants

Liam O’Shea, Director and Solicitor in Astle Paterson’s Dispute Resolution department discusses a recent High Court decision which stated a Landlord can properly seek possession of a property from a Tenant even if the notices and Court papers are served at the property whilst the Tenant is abroad or away from the house.

Liam said “In the case of Friendship Care and Housing Association Ltd v Awotula [2015] EWHC 2048 (QB) a Landlord had sent a notice to the Tenant seeking possession on the basis rent arrears on 13th June 2014 to the rented property.

The Landlord issued possession proceedings on the basis of that notice, and the outstanding rent, on 30th July 2014 and on 4th August 2014 the Landlord notified the Tenant of the Court hearing date by sending the Court papers to the Tenant at the house.

The Tenant did not attend the hearing and in his absence the Judge made an order for possession.

However, on 19th September the Tenant applied to the Court to set aside the order for possession – contending that he was abroad from 16th March to 9th September 2014 and therefore that he did not know about the hearing.

The Judge dismissed the application – he concluded that the documents had been deemed ‘served’ on the Tenant for the purposes of the possession proceedings, even though the Tenant may not have actually received or read the paperwork.  Further, a recent decision by the High Court upheld this as correct.”

Liam concluded “The case will give comfort to Landlords who are concerned about issuing possession proceedings against absent Tenants.  So long as Landlords can show the correct procedure has been followed then any possession order made will still be valid should the Tenant later argue that they were actually unaware of either the notice requiring possession or the possession proceedings.”

Liam O’Shea of Astle Paterson specialises in the law of Landlord & Tenant and carries out work on behalf of Landlords throughout Burton upon Trent and the surrounding areas – please contact him on 01283 531366 or by email at loshea@astlepaterson.co.uk.

Back to News

More News from Liam

How to serve a valid section 21 notice on your tenant

In this article we go into detail about the Section 21 Notice. We explain what it is and how to ...

Read More
Video: Landlord & tenant law, your commonly asked legal questions answered

Watch our video on landlord & tenant law. Our leading expert on landlord services is here to give advice on ...

Read More
Debt Recovery Advice: How long can a debt collector legally pursue old debt?

We often get asked, how long can a debt collector legally pursue old debt? It is a commonly held belief ...

Read More
Debt Recovery Advice: How to find information on your debtor

If an individual or Company owe you money, then what are the chances of you actually recovering that money? Even ...

Read More
Video: Litigation, your commonly asked legal questions answered

Our legal advice video series now has a new entry taking on the field of Litigation. This subject can be ...

Read More
Litigation Advice: Are there alternatives to a full Trial?

Our previous Litigation Advice blog posts have addressed the different stages of making a Court claim – Pre-action protocols, issuing ...

Read More
Connect with Astle Paterson

Connect

Book an Appointment
Book an appointment
Burton on Trent Uttoxeter
Astle Paterson Accreditations

Business & Commercial   •   Conveyancing   •   Family   •   Litigation   •   Wills, Inheritance Tax & Probate   •   Employment