landlord no show at court

gimmeabrk07

hi my folks (oap's) have been having an ongoing problem with abuse loud music and noise etc form a couple of tennants in there own home since mid june. after trying every avenue to find the landlord/owner, writing to the prtb asking a td, calls to the guards,they finally sent a court summons by registered post to the landlords rented out home,a couples of days ago the court date came but he never showed and the judge asked my folks to sent the summons to his letting agency. today for the second time the letting agency refused to accept delivery of the registered post.there due back in court again next month but what can happen if hes a no show again?

Our man in Havana

Apply for substituted service, i.e. permission from the court to send the summons by ordinary prepaid post. This will be granted where someone is avoiding service by refusing delivery of registered post.

gimmeabrk07

what if substituted service on him, is again refused what would happen on our next court appernces.last time judge instructed notice be searved on his estate agents, who again refused his registered post.

Our man in Havana

How would he know that a plain envelope with no return address was a summons? That is why service by ordinary post is allowed. He won't get a chance to refuse as it will be delivered with his other post.

Guy:Incognito

How can the prove he recieved it if its sent normal post though?

Our man in Havana

It don't matter at that stage. Proof of postage is accepted as proof of service and if the envelope is not returned then service is accepted by the court.

If he rejected the regularly sent letter, the judge would authourise personal service of the summons, i.e. put the summons in his hand.

gimmeabrk07

let me clarify. hes a landlord, registered post was sent to the place that he rents out also to his estates agency who handle the property on his behalf, who have refused twice to accept the registered post. we have exusted ourselfs in trying to find out where he lives. asking the prtb,guards,td etc

Our man in Havana

Would you be able to bump into him like accidentally? I am sure if you explain all this to the judge he will grant an order to allow you to serve him personally, "Are you Mr. X?, You've been served!"

Judges have dealt with slippery guys like this chap before and they get pretty pissed off with people dodging service of court documents. He is doing himself no favours by acting the smart arse by refusing mail.

johnnyskeleton

Bond-007 wrote: »

Would you be able to bump into him like accidentally? I am sure if you explain all this to the judge he will grant an order to allow you to serve him personally, "Are you Mr. X?, You've been served!"

Without making any comment in response to the OP, personal service is, if I'm not mistaken, the default and most appropriate way to serve proceedings. So I don't think an order is required.

As regards the OP, I assume you have retained a solicitor for the purpose of this court action. They are the best person to advise you on the most appropriate method of service.

gimmeabrk07

thats the problem though, we know his name his property and his estate agency,but finding the fella is nigh on impossible. ps i wolld very much like to bump into him

johnnyskeleton

krd wrote: »

Maybe it's time you took the law into your own hands....If you'd like me to do it. You know where you can find me.

I'm not sure you read the original post before you made your dislike for solicitors felt. Suffice it to say that the poster was asking about a minor proceedural point in a hypothetical situation whereby they could (if they were real) carry out a minor court case without a solicitor. How you turned that into a rant against "member(s) of the law society" simply amazes me.