Service of Court Papers on Sub-Tenants

Discussion in 'Residential Letting Questions' started by dave103, May 9, 2017.

  1. dave103 New Member

    Dear Colleagues,

    I'am about to serve Court papers for eviction on a company address ( because of a residential property ) being let to a company (the defendant ).
    I've gone on to the online HMCS civil procedure rules - CPR55.
    It states that court papers have to be served on the defendant ( which in this case is the company address ). What the rules are not clear about is if the paperwork has to be served on the sub-tenants occupying the flat - sub-tenants who I do not have a contract with and neither does the company.
    Should I serve papers on the sub-tenants as well ? ( to be on the safe side ).

    Thank you.
  2. Jeffrey Shaw Member

    As I do not deal with litigation, I don't know.
    But it's your tenant, the company, that you are evicting.
    So it's the company that has to give you vacant possession.
    The fact that it's limited its own ability to do so (by subletting) is scarcely your concern.
    Therefore my guess answer to your question would be "No". Please don't rely on this.

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