CCJ for unpaid ground rent?

hot_socks

Hi, recieved a phonecall today from an enforcement officer. Stated that a decree was issued against myself for unpaid ground rent since 2006 on my apartment. I have spoken to the tenant regarding my mail and he is sure he handed me all of the letters over the years.

Now the money is not an issue - as its the law that it must be paid. It is the issue of how it came to this, how many of these "bill" letters do they send, are any of them recoded/signed for. And what about a summons, do they not need to be served to me in person?

silvercar

Should you have notified the freeholder of your address?

hot_socks

In hindsight yes, the mere fact that there was ground rent surprised me. I should have paid more attention in the solicitors.

Jowo_2

hot_socks wrote: »

It is the issue of how it came to this, how many of these "bill" letters do they send, are any of them recoded/signed for. And what about a summons, do they not need to be served to me in person?

Creditors typically are recommended to get proof of posting or deliver letters in person with a witness. They do not have to prove the defendent physically received and read them. The problem with sending signed for mail is that debtors typically refuse to accept them.

Does your lease require you to seek permission from the freeholder to rent out the property and inform them of your contact details?

Typically, someone moving house will set up Royal Mail forwarding as there's no legal obligation for a tenant to forward mail and a dodgy tenant will intercept mail and order goods/services in the landlord's name.

Btw, on a related note, can any MSE members let me know if a small claims court defendent can overturn a CCJ if they demonstrate the letter before action and court papers were sent to the wrong address?

mynameisdave

Who is the Freeholder, out of interest

silvercar

Btw, on a related note, can any MSE members let me know if a small claims court defendent can overturn a CCJ if they demonstrate the letter before action and court papers were sent to the wrong address?

You have a month to pay off the CCJ before it effects your credit record.

They weren't sent to the wrong address if you had not notified them of an alternative address.

timmyt

hot_socks wrote: »

Hi, recieved a phonecall today from an enforcement officer. Stated that a decree was issued against myself for unpaid ground rent since 2006 on my apartment. I have spoken to the tenant regarding my mail and he is sure he handed me all of the letters over the years.

Now the money is not an issue - as its the law that it must be paid. It is the issue of how it came to this, how many of these "bill" letters do they send, are any of them recoded/signed for. And what about a summons, do they not need to be served to me in person?

why on earth did you not pay your yearly ground rent...did you think the Landlord had forgotten you. No defence to say your dog ate the mail..um your tenant didn't pass on your post....you didn't arrange mail forwarding...whatever.

Ok a bit blunt, but you don't present anything to give you much sympathy.

THough on the subject of how did you get a summons, I think your Lease will allow service at your last known address or the property - check it - and usually after 21 days non payment, so they have been mighty generous.

Good luck, and get in contact with the LL to pay it!

G_M

Who else have you forgotten to give your new address to?
DVLA? Employer? Bank? Pension fund?
and more importantly:
Insurer? Mortgage lender? HMRC?

Apart from the obvious foolhardiness of relying on your tenants to forward your mail, it suggests to me perhaps you are avoiding informing people like the taxman or your lender that you're renting out the property in order to save money.

If I'm maligning you unjustifiably, though, I apologise!

N79

Jowo wrote: »

Btw, on a related note, can any MSE members let me know if a small claims court defendent can overturn a CCJ if they demonstrate the letter before action and court papers were sent to the wrong address?

Yes - you can apply to have a judgment set aside. The court will look at your reasons and decide if they should do this. If they do, then the case is reset to the claim stage. There is, obviously, a fee for this and the defendant ahs to apply very quickly after finding out about the judgment. Not receiving papers may be sufficient in many cases

BUT

Courts will always assume that LLs can write to the Ts at the address of the tenanted property, unless the T has requested otherwise (imagine the possibilities if a T comes back after a possession order to reset the case - maybe a year after new Ts took up residence). For this reason there is a very very strong presumption that Ts can be contacted at the tenanted address. This will be a very very high bar for the OP to hurdle.

hot_socks

Thanks for the replies so far......

I have spoken with the tenant, and he has alluded to me that he may have ocassionally misplaced my mail - not that there is much that gets sent there because all relevent agencies were informed.

I have been advised to apply to the "master" for a "stay" whereupon I will get the opportunity to put my case forward.

I intend to bring my tenant with me (by the scruff)


The outstanding balance was also settled.

I am sceptical about the land owner sending 15 letters (his words) and none arriving. I also am shocked that it can go to court, decree issued, enforcement officiers deployed and me not aware of this. Would it not be an idea to have one or some of the important letters sent royal mail signed for?

Looks like there will be a unreliable tenant looking for a new place to stay.......

hot_socks

G_M wrote: »

Who else have you forgotten to give your new address to?
DVLA? Employer? Bank? Pension fund?
and more importantly:
Insurer? Mortgage lender? HMRC?

Apart from the obvious foolhardiness of relying on your tenants to forward your mail, it suggests to me perhaps you are avoiding informing people like the taxman or your lender that you're renting out the property in order to save money.

If I'm maligning you unjustifiably, though, I apologise!

Avoiding the taxman is something I can only dream of