Court action against someone overseas

[superlightr]

Bit of help pls,

We let a house for a client (landlord) who has told the tenant to pay him direct, and the owner is not paying us commission. We beleive commission is due to us.

The landlord is in Australia, we want to start court action against him for money owed. Under the tenancy agreement we prepared we are the address for service for the owner/landlord as he is abroad. The landlords property is in the UK.

So if we issue a court summons do we put our address as his address for service or his Astralian address?


(Perhaps I should ask the court!) but hopefully someong here will have some experience.

Edited by superlightr on Monday 5th January 14:52

[therealpigdog]

rather than look at the tenancy, you need to look at your contract with the landlord.

[cptsideways]

Let the house out to pikeys

[jamesuk28]

Yep, look at the contract, does it say this contract shall be governed by English Law?

A county court claim can only be issued against debtors in England or Wales, so you will have to serve the summons on his address here. However thats risky as you know full well the defendant is in Australia, and he should be given the oppurtunity to respond.

[bossgriff]

My OH had a similar experience but he was being taken to court in Australia. Initially the plantiff who lives in England took my OH to court in Australia without my OH knowing this, the court hearing took place which the judge promptly threw it out saying that although the defendant lives in another country the summons should be properly served (I think this is the norm over here as well). Later the summons was personally served by a solicitor representing the High Commission of Australia and then the court case could take place. My OH got a really good solicitor in Australia and the judge asked for a preliminary hearing in which he threw it out of court.

Like other PH'ers have said what is in the contract? and go from there.

[superlightr]

Its all under English law, the property is here in the UK, his formal address for service is via us.

I supose we can get it served on us and post it to him/email.

[The Moose]

superlightr said:

I supose we can get it served on us and post it to him/email.

Make sure you can get in contact with him first...

[bossgriff]

superlightr said:

Its all under English law, the property is here in the UK, his formal address for service is via us.

I supose we can get it served on us and post it to him/email.

I might be wrong but if you post it to him or email that might not be regarded as properly served. Like my OH the court summons had to be personally served on him and he had to sign acceptance of them.

[superlightr]

no posted to a uk address is deamed as served.

Its just if to serve on ourselves and then let him know. I will ask the courts.

[jamesuk28]

bossgriff said:

superlightr said:

Its all under English law, the property is here in the UK, his formal address for service is via us.

I supose we can get it served on us and post it to him/email.

I might be wrong but if you post it to him or email that might not be regarded as properly served. Like my OH the court summons had to be personally served on him and he had to sign acceptance of them.

County Court Summons are posted by the Court themselves to the defendant, this is deemed accetable by HMCS. As a safeguard there is an address verification stage when issuing the summons. Personal service does not apply to County Court Claims, it does however apply to things like Statutory demands etc.