header-logo header-logo

Pattern of life

11 March 2016 / Alexander Bastin
Issue: 7690 / Categories: Features , Property
printer mail-detail

Alexander Bastin on forfeiture—pitfalls & remedies

Several issues can arise in forfeiture proceedings where a defendant fails to attend the first hearing and a possession order is made.

The usual reasons for not paying rent or service charges are either a dispute about how much is owed or an inability to pay. In such cases the tenant is usually around to make their point. If nothing is heard from the tenant, then beware.

CPR 6.9 provides that where an individual has not given an address for service they must be served at their “usual or last known residence”.

While that sounds easy, experience suggests many struggle with it. It is not merely a question of belief but, rather, actual knowledge. Is it possible to say confidently that the tenant resides (or used to) at a particular address? What is the evidence?

The leading case on “residence”, Relfo Ltd (in liquidation) v Varsani [2009] EWHC 2297, [2009] All ER (D) 30 (Oct) indicates that the critical test is the defendant’s “pattern of life”. One can have more

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll