Court Action - N5 or N5B?

  • Filter
  • Time
  • Show
Clear All
new posts

    Court Action - N5 or N5B?

    Hello - first post for me. I have a T who is no longer paying rent. He signed a AST more than a year ago and is now on a monthly rolling contract. He is now 2 months in arrears, and we have served a S8 under Grounds 8, 10 and 11. The court deadline specified in the S8 has just passed, and T has not attempted to contact us, so the time has come to initate court proceedings.

    I see there are two ways of doing this:

    a) N5B Accelerated Possession
    b) N5 Rented Residential Premises

    The difference I believe is that a) does not require a court hearing, but cannot be used to collect arrears, while b) does require a court hearing and can be used to collect arrears.

    Are there any other differences? If I follow the N5B approach, can I then claim in the small claims court (arrears is £1000 today, but is likely to be £1500 in a couple of weeks).

    We have reason to believe T has lost his job, so his ability to pay is likely to be low. In such a case, is there any point following a N5 approach?

    T has in the past has been a serial bad-payer, and we have tried being reasonable, but since he stopped paying he has been generally abusive and we are not inclined to show any continued leniency.

    Thanks for any guidance.

Latest Activity


  • Tenant has disappeared and left all belongings
    Hello all, I am new to the forum and looking for some advice or help if anyone has been in a similar situation.

    My tenants paid 1/2 of November's rent and told us they were going away for Christmas. They didn't pay December's rent nor January so are two months in arrears. We have tried...
    17-01-2018, 11:06 AM
  • Reply to Tenant has disappeared and left all belongings
    Well it does kind of matter because I am already out of pocket, have to find the money to pay for the rent while the court process is going through as well as the refurb of the house and only have enough money in that account to cover 3 months of rent due to having to pay self assessment recently. And...
    18-01-2018, 08:36 AM
  • Damage caused during DV
    Hope that this is allowed here as it’s a very tricky subject and not one that’s on the internet already.

    I’ve been renting a house through an agency for just over a year now, I have never met the landlord. When I first moved in it was the middle of November and the boiler was broken....
    17-01-2018, 20:35 PM
  • Reply to Damage caused during DV
    I sympathise with the tenant BUT its their responsibility, I would ask why move in to a property when it was in such poor condition, no boiler,, crap in the garden etc, but I also recognise some people don't have a lot of options,

    to be fair to the tenant, she does accept responsibility...
    18-01-2018, 08:04 AM
  • Contingency Fund Query
    Letting Go
    Have been letting a flat for nearly 30 years. Many years ago we owners bought the leasehold of the block. We’ve been through many managing agents over that time and have been with the present ones for several years now. The service charge has remained fairly constant for a few years, but this January...
    18-01-2018, 07:36 AM
  • Reply to Contingency Fund Query
    Letting Go
    Thanks for this. I’ll speak to the other owners and contact the agent armed with these questions.

    I am definitely considering the option of selling (bearing in mind capital gains tax implications). I guess it sounds selfish, but if I do sell I’m not really going to be bothered about...
    18-01-2018, 07:54 AM
  • Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?

    I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?

    One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.

    I then went through months where...
    Black Grout they want me to get redone...
    17-01-2018, 21:53 PM
  • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
    the discoloured silicone might be down to lack of cleaning by the tenant. a build up over time of dirty water/soap/shower gel etc could be the cause - you should try cleaning it first/bleach etc - not too strong though

    showing them how to clean properly is the best solution, but expect...
    18-01-2018, 07:51 AM
  • Reply to Contingency Fund Query
    why do you need roof works? I assume its a flat roof? as for the agent. if you all 'own' the freehold having bought it some years ago, then you all have a say in how the service and repair charges are arrived at.

    planning for roof work 12 years in advance seems sensible, though are they...
    18-01-2018, 07:45 AM
  • service charge
    I am now living in a one bed flat owned by a housing association, for the past year the communal boilers that provide hot water and heating to all flats and the sheltered housing block has been frequently faulty leaving us without hot water or heating.

    So the HA have replaced the boilers...
    15-01-2018, 21:26 PM