Evicting tenants is not a simple procedure in the UK. It requires many steps to be completed in a certain way, including the serving of papers. If you do not serve papers in a way that is law-abiding, this step of the process can be deemed void in the eyes of the law – and thus put the eviction on hold for even longer. However, serving papers is not as straight forward as may be assumed, and as a result, you may need to explore innovative options.
What Exactly Is Serving Papers?
Serving papers is a term used to describe the process of making a party aware that you are taking them to court. When it comes to trying to regain a property from the hands of a tenant, papers are served to let them know that you will be taking them to court to win a possession order on the property. With a possession order, you can lawfully evict the tenant yourself – but it is much safer to do so with the help of law enforcement agents.
Some landlords or representatives choose to hand deliver the papers to the tenant. On some occasions, a landlord may not feel safe or confident enough to confront the tenant. If you plan to post the letters, the tenant can easily claim they did not receive them and the whole eviction process can be extended.
Can You Serve Papers Using Social Media?
Since 2011, serving papers via social media has been permitted in the UK. The ruling followed a 2009 case where Mr. Justice Lewison allowed an injunction to be served using a social media platform because one party only knew the other party by their Twitter handle. However, you can only apply to serve papers using social media if you have tried other options and they have failed. Other options include delivering them to the tenant’s address and their place of work.
Do Tenants Usually Turn Up?
Tenants who know they are in the wrong because they have not paid rent for several months will not respond to the serving of papers and will not turn up to court. However, some brazen tenants may turn up and pledge a defence. They may use tactics to get cases adjourned and buy more time, so they can continue to live in your property for longer.
Get Help to Serve Papers Legally
Serving papers may appear like a mundane task from afar, but the importance of doing it correctly and in line with the law is substantial. To get your papers served efficiently and in the right way, contact Able Investigations. We have developed and refined a process of service that has a track record with proven results. Together we can make a crucial step in the fight for your property.