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Question

Landlord Wants Tenant to Leave (England)

Tenant says he never received the claim form

6 Jul 2018 | 4 comments

We had a hearing today’s as tenant says he never received claim form but landlord had a notice saying the claim was served. Judge said there is no record that the tenant has recievd claim form and asked landlord how many copies were submitted. The landlord submitted 4 copies which were checked and handed over the counter. Judge has set aside and asked tenant to file defence within 7 days and set another heating in 3 weeks.

Firstly what has gone wrong and what will the next step be. Im really confused

Answer

4 Comments

  1. guildy

    Tenants will say anything to delay!

    It seems to us that the letter saying it’s been served is sufficient proof. The court always serves the claim form (which is why you take in so many copies).

    Clearly the tenant got the hearing date letter!

    You could send a copy of the claim form again to the tenant so they can’t say they’ve still not received it at the next hearing.

  2. steadwall

    Hi

    Thanks for the reply but the judge at the hearing mentioned that the court has no record that the possession claim was served to the tenant but we have received the letter “notice of issue” which says it was deemed served, is it possible fewer copies were sent to court and only the landlord received a copy? although we checked and so did the court clerk before submission that enough copies were made for everyone.

  3. guildy

    We think it must have been served for the notice of issue to be sent. The notice of issue is confirming the forms were sent to the tenant. It doesn’t mention anything about service of anything on the landlord. We can’t think of any other evidence the court would need.

    • steadwall

      Hi
      That’s exactly our thought, but judge questioned landlord about service and unfortunately although the landlord had the paperwork he wasn’t able to point the notice out to the judge and he decided that it wasn’t served and now we have to wait 3 weeks for another hearing.

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