Serving Documents

Serving Documents

The crux of a possession claim is about evidence of the tenancy agreement, arrears and notice seeking possession. At court, the Judge will ask for evidence of service. This means that it is your duty to provide the court with evidence that a tenancy agreement was entered into, that you have communicated with the tenant over the arrears or particular breach and that the relevant notice was served on (given to) the tenant.

It is easy for somebody to say that they didn’t receive something, so, it is fundamental to your claim that you obtain as much evidence and proof as possible when it comes to given tenants information.

A tenant will sign a tenancy agreement, so evidence is easy on this part, however, if you post a Section 8 notice without proof of posting and a witness statement dealing with service of the notice, it can be more difficult to convince a judge that you did serve the notice, if the tenant says they didn’t receive it. Hand delivery is always the better option, a third party process server will provide a statement of service, which is the most effective method of proving service of a document.

Failure to persuade a judge that a document was served can result in the adjournment of a claim, or even worse, for the claim to be thrown out.

Landlords/Agents

Call or email us if you wish to appoint us to serve your Notice Seeking Possession by hand delivery to the tenanted property.

Civil Procedure Rule 6 – Guidance for Service of Documents

Nature of defendant

 to be served 
                Place of service
1. Individual
Usual or last known residence.
2. Individual being sued in the name of a business
Usual or last known residence of the individual; or
principal or last known place of business.
3. Individual being sued in the business name of a partnership
Usual or last known residence of the individual; or
principal or last known place of business of the partnership.
4. Limited liability partnership
Principal office of the partnership; or
any place of business of the partnership within the jurisdiction which has a real connection with the claim.
5. Corporation (other than a company) incorporated in England and Wales
Principal office of the corporation; or
any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
6. Company registered in England and Wales
Principal office of the company; or
any place of business of the company within the jurisdiction which has a real connection with the claim.
7. Any other company or corporation
Any place within the jurisdiction where the corporation carries on its activities; or
any place of business of the company within the jurisdiction.
 
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).


(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

Deemed Service

6.26  A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table –

 
Method of service
Deemed date of service
1. First class post (or other service which provides for delivery on the next business day)
The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
2. Document exchange
The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
3. Delivering the document to or leaving it at a permitted address
If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.
4. Fax
If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted.
5. Other electronic method
If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.
6. Personal service
If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.

Contact Landlord Litigation for a Same Day Response

01622 438 551
07715 532679

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