N5B Help

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    N5B Help

    Good morning all!

    My parents rented their private house out to a couple back in 2013, they now want to regain posession in order to sell the house without tenants.

    I'm undertaking the work on their behalf as they are both retired. We served a form 6a to the tenant on the 3rd of July via RM Signed For mail, giving them until the 11/9 to vacate the property. They ignored this and are still resident.

    The house is in England, and there are no rent arrears so I'm completing a form N5B to evict the tenants.

    I've completed the form to the best of my ability, but there's a couple of questions I need some help with...is there anyone that's familiar with these that may be able to help at all?

    #2
    Is ALL the paperwork in order including proof that documents were served & when?

    Suggest you check s21 against..
    https://nearlylegal.co.uk/2019/09/up...-21-flowchart/

    You'll be aware an s21 does not end a tenancy nor compel tenants to leave: Only a court & bailiffs/HCEO can do that,

    ...giving them until the 11/9 to vacate the property. They ignored this and are still resident...
    As they are absolutely legally entitled to (Thatcher's 1988 Housing Act). S21 is basically saying landlord MAY take matters to court on expiry, they don't have to.

    And a bit of flexibility (dates, £££ to help move) may be advisable. Have you/parents had a calm, friendly chat somewhere neutral?

    Courts tend not to evict over Xmas... (How would you feel if it happened to you)?

    Done any training in landlord/tenant law, please?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      What's the question?

      Comment


        #4
        Thanks TheArtfulLodger - I appreciate that the S21 doesn't terminate the agreement. I've followed the flowchart and that shows the S21 is all in order.

        We've tried to discuss this previously with the tenant, in fact my parents served notice on them over twelve months ago, but allowed them to stay until after that Christmas. We're now 12 months further on.

        I spoke to the tenant reasonably. I am a fairly calm and collected person. However, I just got told shouted at, told that we couldn't evict them "for no reason", and to "take them to court".

        I'm open to be flexible, but there's no way to discuss this with them, they are completely unreasonable. In fact, the wife physically assaulted my mother on one ocassion.

        I'd allow them to leave after Christmas, but this needs to be stated/enforced by the court, hence the N5B.

        Comment


          #5
          Did the original tenancy agreement or any of the paperwork from that time confirm that your parents had lived at the property and may want to repossess the property under Section 8 Ground 1? If so then this would be an alternative.

          Comment


            #6
            Originally posted by DPT57 View Post
            Did the original tenancy agreement or any of the paperwork from that time confirm that your parents had lived at the property and may want to repossess the property under Section 8 Ground 1? If so then this would be an alternative.
            They did live at the property for approx 2 years before renting it to the tenants. There's nothing in the tenancy agreement to reflect this. But there are likely council tax bills to prove that this was the case.

            Comment


              #7
              The only way ground 1 could be used is if you/they had proof that info about it was served on tenants BEFORE tenancy started. So probably s21 only option.

              Think you all need to expect this to run the whole way to bailiffs, likely timescales here...
              https://england.shelter.org.uk/housi...eviction_takes

              STRONGLY suggest all communication from now on is calm, polite & in writing, keep copies. And if any visits to property (try and avoid) are necessary (eg GSC..) take a witness. Any repair issues raised address them promptly, writing informing tenants of what is happening. You want judge on your side if necessary.

              Good luck: Keep us informed!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                What was the question?
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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