Question

Ground 14 asb

by | 10 May 2018

Tenant convicted of offence and now in prison, can this ground be used, what’s about service of notice and court docs

Please advise

Answer

3 Comments

  1. guildy

    Suppose it depends on the actual offence they’ve been convicted and if that’s regarded as ASB for the purpose of the ground.

    Personally, we avoid all discretionary grounds like this and stick with section 21 where possible. Despite it being 2 months notice, it can still often be quicker due to the delays caused by having to prove the claim.

  2. eden2011

    It’s regarded as Asb, s21 out of the question, key issue is about service of notice and court papers

  3. guildy

    Where the tenancy has a clause expressly stating that notices are sufficiently served if left at the premises then it should be deemed sufficiently served when sent to the tenancy address (Blunden v Frogmore Investments Ltd [2002] EWCA Civ 573).

    However, in reality, if the court is aware they are in prison (which would be the case here because you’ve no choice but to say that as it forms part of the evidence for the claim), they will often ask how you know they got the notice and court papers which is difficult unless you can somehow serve a copy on the prison we suppose.

    If the ground was rent arrears for example, no mention of where the tenant is would need to be made.

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