I am a non resident landlord and being taken to court for the deposit?

by Readers Question

10:41 AM, 21st July 2015
About 3 years ago

I am a non resident landlord and being taken to court for the deposit?

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I am a non resident landlord and being taken to court for the deposit?

I know that under the housing act the LL must provide an address for service. How does this work with a non-UK resident landlord if they have zero connections with the UK (except owning property there) no friends, family or agent?argentina

I am having issues with tenants who moved out 2 months ago and want to take me to court for the deposit which I believe I am fairly owed as they trashed the house. I live in Argentina and they are fully aware of this and have the address. If they send court papers to the address which they have from the AST, I cannot access them, as am no longer associated with that address nor is there another UK address I could use. I believe any CCJ registered there by default I could get set-aside as am not a UK resident but is this so if I needed to have provided an address where papers can be served?

As the tenant moved out almost two months ago, surely it is possible for any address they have to no longer be valid and for me to no longer be a UK resident? Just puzzled by the circular argument of it all!

Many thanks in advance

Clem



Comments

Mark Alexander

10:56 AM, 21st July 2015
About 3 years ago

Hi Clem

I am not a lawyer but I think your tenant can serve papers on your address wherever you are. I stand to be corrected on this point.

The UK Courts have no jurisdiction in Argentina but if a judgement is awarded against you a charging order could be granted against your UK property, meaning that your opponent could apply to have the property sold in order to recover the money you owe to them.
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Romain Garcin

11:05 AM, 21st July 2015
About 3 years ago

By law you must provide an address in England of Wales for the service of notices, including legal proceedings. I'm guessing that this is the address contained in the AST.

If they serve documents at that address, I believe that it will be accepted by courts.

You really are in a situation where you require a local letting agent.

Yvette Newbury

11:58 AM, 21st July 2015
About 3 years ago

I agree with the above comments, even as a non resident you must have a UK address. Where are your properties? Perhaps a local landlord might help you with providing an address for a fee? it doesn't have to be your address in the UK, just an address that can accept papers on your behalf.

Yvette Newbury

12:02 PM, 21st July 2015
About 3 years ago

By the way, I don't believe that you can have a CCJ "set aside" because you are a non-resident. Whether the address is invalid will not change the fact that you have a CCJ in your name so could affect any future mortgage you apply for. You should avoid the CCJ if at all possible.

12:05 PM, 21st July 2015
About 3 years ago

You only need to provide an address for service of paperwork, notices etc. I was out of the UK and used my Ltd company in the UK. If you can prove that you have told your tenants where to send papers / notices and they send elsewhere then YOU can apply to set side on a default judgement.

I have a couple of overseas landlords I do work for as well and use me for service.

Anon

14:32 PM, 21st July 2015
About 3 years ago

I think you are an unprofessional landlord. If you are an absent landlord, then you should have a local letting agent, managing the property for you.

What happens if there is a water leak?.

Did you protect the deposit?

Carol Thomas

16:31 PM, 21st July 2015
About 3 years ago

Reply to the comment left by "Anon Landlord" at "21/07/2015 - 14:32":

That's getting a bit personal Anon! While you are entitled to your opinion, you should not label another landlord in the way you have just done.

Mark Alexander

16:36 PM, 21st July 2015
About 3 years ago

Reply to the comment left by "CaZ " at "21/07/2015 - 16:31":

Hi Agree

** MODERATOR WARNING TO ANON LANDLORD **


.

16:49 PM, 21st July 2015
About 3 years ago

I agree Mark

Carol Thomas

19:08 PM, 21st July 2015
About 3 years ago

Reply to the comment left by "Mark Alexander" at "21/07/2015 - 16:36":

Hahahahaaaa, love it Mark.....

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