Always employ a professional process server who will produce and submit a sworn affidavit to the highest standard.
Very important: Ensure that the Tenant's deposit is held within a third party safe deposit account.
Ensure that the Land Registry title plans are in colour print and that all application and claim forms are attached.
Make sure the company is still active. Check out the Company via Companies House Web check, it's free and only takes a couple of minutes.
Do your homework!
Confirm the Debtor is still at the given address and consider does the Debtor have the means to pay the debt?
Treat any form of action as a business transaction and not a vendetta, remember the old saying "Never throw good money after bad".
This can be the quickest and most successful form of recouping a debt and you do not need a County Court Judgment. The Statutory Demand form can be easily downloaded and completed without legal representation. Ensure that the particulars of debt are clearly explained and attach any supporting evidence that maybe relevant [Invoice or contract].
Always include a forfeiture and Re-entry clause in the contractual agreement of Lease/License and always obtain a copy of the Tenant/Licensee's passport on signed completion.
Basically, illegal evictions carry a fine of up to £20,000. The only way to legally evict a Residential Tenant is via the County Court Procedures. A Judgment Order does not entitle the Claimant to evict the Tenant. The Claimant must make an application after judgment for a warrant of possession through the County Court in order to legally gain possession.
Best to enclose a photograph of the Respondent. This will help the process server identify the Respondent and a copy of the photograph will be added to the affidavit of service as, EXHIBIT "B".
The golden rule is to know how much the service will cost before you commit. Do not settle for a rough estimate. Many Solicitors and Bailiffs offer a fixed fee service, shop around and choose the best fixed fee to fit your budget. This will eliminate any extra or added cost to your final bill.
If you do! You are simply wasting your time and money as, information about the person renting the PO Box will be undisclosed by the host due to the Data Protection Act.
It is recommended that the new tenancy deposit be one months rent plus 60%. This deposit should then be held within a third party holding account with either of the following organisations.
The Deposit Protection Scheme (DPS).
Tenancy Deposit Scheme (TDS).