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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, i have made a claim againts my landlord through money claim

Resolved Question:

Hi, i have made a claim againts my landlord through money claim online, the lease states landlord is Darryl Preston who is the owner of the leasehold interest in the property over which ***** ***** and Jul***** ***** of Alder King LLP are appointed as the joint Law of Property Act Receivers, I sent the claim to Darryl Preston with the address provided in the lease. Alder King came back saying the rejected the claim as the "addressee and/or address are incorrect". The court return the claim back to me as "unserved" .. The court does not clarify if they can proceed or not and are saying that if I am confident i can still go ahead and no further action is required .. what shall I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : All you need to do is ask the court that you serve the claim form yourself.
Alex Watts : You can then send it first class post at the usual or last known address
Alex Watts : once you have done this You can file a certificate of service and request judgment if appropriate
Alex Watts : Can I clarify anything for you about this today please ?
Customer:

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

Customer:

they send the claim back saying it has not been served properly (name and/or address)

Alex Watts : It should go to the Landlord on the agreement. Does that help?
Customer:

Hi, the tenancy agreement reads:

Customer:

Landlord: Darryl Preston - CHL acting by AB Hughes and JP Smith Joint LPA Receivers

Customer:

the address provided and where i sent the claim is the receivers

Customer:

the receivers replied saying they rejected the claim as it was served incorrectly, the addressee and/or address are incorrect

Customer:

Darryl Preston is the leaseholder

Customer:

i have been paying rent to his name

Customer:

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

Customer:

at the moment i sent it to Darryl Preston (leaseholder) but to the LPA receivers address. They have been managing the property

Customer:

shall i resend it to ***** ***** and Jul***** ***** (receivers) to the address provided?

Customer:

thanks

Alex Watts :

You can serve the Preston at the last known address you have as he is technically responsible for it

Alex Watts :

Does that clarify?

Customer:

The problem is I don't have his address at all, only the LPA receiver's was on the lease

Alex Watts :

You must have an address, it should be on the tenancy agreement. You send it there and this is considered good service.

Customer:

yes but that is the address of the receivers, not of Darryl Preston

Customer:

would that be considered properly served?

Alex Watts :

You only need to serve at the last known address, ie through the letterbox

Alex Watts :

You can ask the Court to serve yourself, then put it through the letterbox and file a certificate of service

Alex Watts :

Then enter Judgment after 14 days

Alex Watts :

That is all you need to do

Alex Watts :

Does that help?

Customer:

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

Alex Watts :

But you must have it on your agreement somewhere?

Alex Watts :

That is where you send it to

Customer:

as i explained before, the lease reads Landlord: Darryl Preston - CHL acting by AB Hughes and JP Smith Joint LPA Receivers

Customer:

Landlord: Darryl Preston - CHL acting by AB Hughes and JP Smith Joint LPA Receivers, Pembroke House,***** Bristol, BS8 3BA ("the receivers")

Alex Watts :

Then it is the last known address as we have discussed before,*****/p>

Customer:

clearly that is the address of the receivers and not of DP

Customer:

that is all the info they provided on the lease

Alex Watts :

That is the address declared on the agreement and therefore the address used for service

Customer:

i havent got any other address to send it to

Alex Watts :

Yes I know that. Which is why you need to send it to the last known address as required by the rules.

Customer:

ok

Alex Watts :

Does that clarify?

Alex Watts :

Does this answer the question for you today?

Customer:

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??

Customer:

they claim it was served incorrectly..

Alex Watts :

Yes

Alex Watts :

Service is correct

Alex Watts :

Please see:

Alex Watts :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Alex Watts :

Rule 6.9

Alex Watts :

Can I clarify anything else?

Customer:

ok thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

if the property is under receivership already when i started the tenancy, is the landlord liable or i have to claim against the receivers?

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