Request advice ref "obsolete" N5b

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    Request advice ref "obsolete" N5b

    Hello all, wonder if I may ask for some advice. On the 10/11/17 I posted my N5b to court having filled it in using the GOV.UK website a couple of weeks before. I the received information from the court stating that my claim was issued on the 14 November 2017 and would be deemed served on the 27th November. After leaving it a reasonable length of time (early Jan) submitted the slip asking for a possession order due to no defence being filed only to receive a document from the court today stating that the judge is not satisfied we are entitled to a possession order and it is ordered that:-

    1) Claimant used an obsolete version of N5b that does not give the information now required, in particulars to section 21A and B of the Housing Act.

    The matter is now listed for hearing on the 15th March.

    Online research seems to indicate that the old form should not have been used after the 1st December, (though I cannot verify the veracity of this date) which would indicate that the form was valid when I sent it, and still valid when the claim was issued. I am quite distressed by this as it is the form I downloaded from the governments own website and no new form was available nor had been issued when I filled it in. Tenant also owes 7 months rent and won't go till Possession Order granted.

    Does anyone know the actual date the old n5b became obsolete? If indeed it is after my claim was issued should I contact the court to point this out? It would seem to make sense that anything issued using old forms BEFORE the changeover date should be dealt with as previously.

    Any advice greatly appreciated.

    #2
    Quick Google suggest it was updated at least on one part of gov.uk probably the week after your claim was issued (~20 Nov). When did the tenancy start/last renewed/extended?

    They haven't thrown your claim out, they've listed for a hearing so you can convince them that you did serve GSC, EPC, How to Rent etc. (assuming that's applicable).
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Many thanks KTC, tenancy started Oct 2016 and became periodic 6 months later.

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        #4
        Well you can certainly write (/make a formal application whatever) to them stating that you used the correct form etc., but old or new form the judge are free to hold a full hearing to make sure you are in compliance with legislations so I doubt you'll get very far. (The form had changed, but the legislations requirement has been in place since before your tenancy.)

        Assuming your paperwork are in order, just make sure you have them with you at the hearing.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #5
          Thanks KTC all paperwork in order so shall have my 10 mins in court. Appreciate you taking the time to reply. Regards,

          Dan

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