Hi, thanks for the reply, I'm still not sure if the claim should go to Mr Preston (the leaseholder who's name is ***** ***** rental agreement) or Hughes & Smith the appointed LPA receivers, the address in the contract is theirs
they send the claim back saying it has not been served properly (name and/or address)
Hi, the tenancy agreement reads:
Landlord: Darryl Preston - CHL acting by AB Hughes and JP Smith Joint LPA Receivers
the address provided and where i sent the claim is the receivers
the receivers replied saying they rejected the claim as it was served incorrectly, the addressee and/or address are incorrect
Darryl Preston is the leaseholder
i have been paying rent to his name
so my question is, if i send the claim back to the receivers would this be acceptable as properly served and would it stand in court
at the moment i sent it to Darryl Preston (leaseholder) but to the LPA receivers address. They have been managing the property
shall i resend it to ***** ***** and Jul***** ***** (receivers) to the address provided?
You can serve the Preston at the last known address you have as he is technically responsible for it
Does that clarify?
The problem is I don't have his address at all, only the LPA receiver's was on the lease
You must have an address, it should be on the tenancy agreement. You send it there and this is considered good service.
yes but that is the address of the receivers, not of Darryl Preston
would that be considered properly served?
You only need to serve at the last known address, ie through the letterbox
You can ask the Court to serve yourself, then put it through the letterbox and file a certificate of service
Then enter Judgment after 14 days
That is all you need to do
Does that help?
sure, i get that, but the address I've got is not Darryl Prestons, it's the receivers and if they don't fwd it on then he will never receive it
But you must have it on your agreement somewhere?
That is where you send it to
as i explained before, the lease reads Landlord: Darryl Preston - CHL acting by AB Hughes and JP Smith Joint LPA Receivers
Landlord: Darryl Preston - CHL acting by AB Hughes and JP Smith Joint LPA Receivers, Pembroke House,***** Bristol, BS8 3BA ("the receivers")
Then it is the last known address as we have discussed before,*****/p>
clearly that is the address of the receivers and not of DP
that is all the info they provided on the lease
That is the address declared on the agreement and therefore the address used for service
i havent got any other address to send it to
Yes I know that. Which is why you need to send it to the last known address as required by the rules.
Does this answer the question for you today?
so i dont have to do anything else as i already sent it to that address under Darryl Preston's name even though they receivers wrote back saying they reject it??
they claim it was served incorrectly..
Service is correct
Can I clarify anything else?
if the property is under receivership already when i started the tenancy, is the landlord liable or i have to claim against the receivers?