Issue with "housemate"

[Spare tyre]

Follow em from work?

Bit rapey I know

[evilmunkey]

can the summons be issued at the place of work ?

[Blakewater]

pork911 said:

Blakewater said:

A summons is deemed to have been issued correctly if it's been delivered to the last known address and not returned by Royal Mail undeliverable.

and the circumstances the OP sets out have no affect on that?


OP, refer to CPR Part 6, particularly 6.9 which here leads you to 6.15

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

They know this person has left but they don't know about her intention to return. She's still on the tenancy agreement and she still has a key to the property. Surely then the property is still her current address?

What's going to happen about utility bills, council tax, etc?

[pork911]

Blakewater said:

pork911 said:

Blakewater said:

A summons is deemed to have been issued correctly if it's been delivered to the last known address and not returned by Royal Mail undeliverable.

and the circumstances the OP sets out have no affect on that?


OP, refer to CPR Part 6, particularly 6.9 which here leads you to 6.15

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

They know this person has left but they don't know about her intention to return. She's still on the tenancy agreement and she still has a key to the property. Surely then the property is still her current address?

What's going to happen about utility bills, council tax, etc?

Did you even read 6.9?

[Blakewater]

pork911 said:

Blakewater said:

pork911 said:

Blakewater said:

A summons is deemed to have been issued correctly if it's been delivered to the last known address and not returned by Royal Mail undeliverable.

and the circumstances the OP sets out have no affect on that?


OP, refer to CPR Part 6, particularly 6.9 which here leads you to 6.15

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

They know this person has left but they don't know about her intention to return. She's still on the tenancy agreement and she still has a key to the property. Surely then the property is still her current address?

What's going to happen about utility bills, council tax, etc?

Did you even read 6.9?

The place of service is the individual's usual or last known residence. 6.15 talks about service at an alternative place. Could that alternative place be the person's place of work?

[pork911]

Blakewater said:

pork911 said:

Blakewater said:

pork911 said:

Blakewater said:

A summons is deemed to have been issued correctly if it's been delivered to the last known address and not returned by Royal Mail undeliverable.

and the circumstances the OP sets out have no affect on that?


OP, refer to CPR Part 6, particularly 6.9 which here leads you to 6.15

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

They know this person has left but they don't know about her intention to return. She's still on the tenancy agreement and she still has a key to the property. Surely then the property is still her current address?

What's going to happen about utility bills, council tax, etc?

Did you even read 6.9?

The place of service is the individual's usual or last known residence. 6.15 talks about service at an alternative place. Could that alternative place be the person's place of work?

OP cannot possibly suggest they have no reason to believe they still reside there. The alternative place could be anywhere / anyhow depending on the OP's application and what the Court says in response. Probably best to do some digging but I'd probably plump for getting the ducks in a row for personal service at / outside work, pub whatever.

[JumboBeef]

Just find another housemate to take over her share.

Or am I missing something....?

[Red Devil]

JumboBeef said:

Just find another housemate to take over her share.

Or am I missing something....?

Yes. What the OP has already posted on page 1.

fiatpower said:

Exactly this. We also cannot get someone else is as it is written into our contract that we cannot, besides the fact is that she technically hasn't moved out as she still has the key and is still on the contract.

[Black_S3]

Having been in a similar situation that never got resolved because by the time the processes started to get rolling the tenancy was up... What I would try to do if it ever happened again is:

Contact your landlord ASAP, explain the situation and ask if you can give one months notice + pay 10% of the remaining rent to cover his agency fees (suggest that the 10% should be taken from HER deposit). Ask if you can sign a new agreement that starts the day after the current one is terminated for just the two of you with the option of adding a 3rd tenant if/when you find one (or find a 2 bed place). This is the option our landlord gave us at the start of the problems and I regret not taking it because the person causing the problem just strung us along until the tenancy was up. Hopefully you can get something like this agreed quickly and her deposit should cover most the cost of the problem she's caused you.

That said I have absolutely no legal knowledge....