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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I need to issue a claim against tenants in the UK for damages

Customer Question

I need to issue a claim against tenants in the UK for damages to a rental flat. They have returned home to countries outside the UK.. The "deposit" is held within a custodial scheme, I have opted not to use the "arbitration" scheme because of other previous unsatisfactory outcomes. The lead tenant has emailed me and agreed to allow the courts to resolve this dispute. I have been told to use forms N1 N224 & N510. Form N510 "Outside of jurisdiction" has 1 of 9 boxes to tick, and I am unsure which one to tick. Could you advise which box to tick please. Form N224 will be used by myself to ask the court to allow the tenants email to be used for communications. Do I still have to send the form N1 by post to the tenant in the home country ??? Thanks in advance. M
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Which country have they gone to please?
Customer:

The lead Tenant has gone back to India, his email states he will act for the other 3 tenants

Alex Watts :

Do you know the address?

Customer:

Yes. We have the address

Alex Watts :

In India?

Customer:

but can we serve by email. As he has agreed to this already.

Alex Watts :

But they are in India?

Customer:

Are we using the correct forms?

Alex Watts :

You need to use form N1 to issue the claim

Alex Watts :

Then form N510 to confirm service outside jursidcition

Alex Watts :

Once you get Judgment then you can apply to enforce it in India

Alex Watts :

I can't tell you how to do that as a UK Solicitor.

Alex Watts :

And yes form N244 is to make an application

Customer:

The money is held by MyDeposits.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Yes

Customer:

The contract is the AST for the tenancy here in the UK.

Alex Watts :

Yes

Alex Watts :

I understand what you are doing.

Alex Watts :

But you need to use forms:

Alex Watts :

N1, N510 and N244

Customer:

which boxes do

Alex Watts :

On the 510?

Customer:

sorry . Which box do I need to tick in form n510 ?

Alex Watts :

Page 2, second box down

Customer:

We have to use 244 to get permission to carry on the proceedings via email??? Do we still need to send From N1 first and then revert to email ?

Alex Watts :

No, you dont need to apply for permission to serve by email.

Alex Watts :

You will need to file a certificate of service saying you have done so

Customer:

isn't that what n244 is for? to apply for permission to serve by email?

Alex Watts :

N244 is an application.

Alex Watts :

Once you get Judgment then you can apply to have it enforced in India.

Customer:

We don't want to enforce in India. The money is in UK, held in MyDeposits. All we want to do is ensure the ex tenants receive the paperwork by email for the case to be heard in UK. How do we manage this?

Alex Watts :

Ok.

Alex Watts :

You just need to serve by email, file a certificate of service and get Judgment.

Alex Watts :

Thats it

Customer:

Sorry, how do we file a certificate of service?

Alex Watts :

N215

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n215-eng.pdf

Alex Watts :

You post it to the Court.

Customer:

That's great, thanks. Do we still need N1, N244 and N510?

Alex Watts :

N1, N510 and N215

Customer:

That's great. Thank you. x

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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