Alan Cameron | Senior Associate

Update on the Housing and Property Chamber

New powers were introduced on 20th February 2019.

One of the main changes is the ability to seek service by advertisement. This is a particularly helpful change to proceedings for Landlords who have tenants abandon the property without notice or forwarding address.

Where the address of a tenant is not known to the person making an application the applicant must state this in the application and complete a request for service by advertisement.  Any request for service by advertisement must provide details of any steps taken to ascertain the address of the party and be accompanied by a copy of any notice required which the applicant attempted to serve on the other party and evidence of any attempted service.

Where any formal communication requires to be served on the tenant  the communication is deemed to be served if it has been publicised by advertisement on the website of the First-tier Tribunal for not less than 14 days or, in the event that another enactment provides for a longer period of notice for the communication, for not less than that period.

The advertisement mentioned must disclose—

(a) details of the names and addresses of the parties (so far as they are known),

(b) details of the type of application or document,

(c) the address of the property to which the application or document relates, and

(d) any other information which the First-tier Tribunal must communicate to parties

If the tenant’s address becomes known after service by advertisement, the First-tier Tribunal must order—

(a) any application before the First-tier Tribunal to be amended to include the party’s address,

(b) any document required by legislation to be served, by the person who made the request on the person who should receive notification, and

(c) any application accepted by the First-tier Tribunal to be served on that party or that party’s representative.

The First-tier Tribunal may also direct a review of the timescales for further procedure in relation to the application, if it thinks fit in the interests of justice.

Finally a new page on the chamber’s website site will host notices of any case where service by advertisement has been approved.

 

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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