N5B Form

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    N5B Form

    Good Afternoon everyone,
    Its my first post on the site and probably like most first posts on here I am asking for help !
    Without going into too much detail my tenant has decided to stop paying his rent , after I gave him notice to leave, and ignore Section 8 and Section 21 notices sent by the letting agent . Last week , foolishly perhaps , I called the tenant directly and had a 40 second conversation with him politely asking when he would be paying 3 months rent arrears and when he would be leaving the property , he cut me off so I politely texted him. This prompted him to call the letting agent and tell them I'd harassed him and that the local council had told him not to leave the premises , although I would imagine they would also have suggested that he pay his rent arrears if he had told them he wasn't paying anymore.
    I'm now going down the Accelerated Possession route (N5B) , as recommended by the letting agent , and it looks like there's lots of potential pitfalls in completing the paperwork to me. Are there any examples of a completed one as I can't find one anywhere and I am sure this would help no end? On page 1 I'm not sure if I have to fill in the "Claim No" , "Issue Date" , "fee account no." " court fee" , "legal representatives costs" and even the date that the defendant has to deliver the defence form by . Do the courts fill these in and surely if they do it should be stated on the paperwork? Looks like question 4 (for those who are familiar with the document) is a strange one but some say just to ignore it and put "Not applicable" ....... I really don't want to get anything wrong on this form that could slow things up any further.
    Only another 19 pages to go after this !
    ANY help whatsover would be really appreciated here as I am at the end of my tether and can really do with out this especially as I'm trying to deal with some serious family health issues at the moment.
    Thanks in advance and sorry for waffling on......

    #2
    First of all, welcome.

    And, take a few breaths and leave the forms for a few moments and go for a walk.

    There are choices to be made about which notice to use before you do anything else.

    Is there any reason you're doing this yourself and not paying someone else to do it for you?
    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


      #3
      Hi , and thanks for the reply.
      Well the guys already taken / going to take me for a lot of money and I was hoping to just get him out of there relatively quickly and without spending a fortune on solicitors.
      I genuinely think he's just after a council house and is using the 'situation' to try and get one.
      i very much doubt I will see another penny from him now whatever action I take. I am SO tempted to go round and change the locks while he is out but I KNOW I can't do that as it would play even more into his hands.
      Its just all crazy, I've done nothing wrong yet the law seems to back him totally ....

      Comment


        #4
        I recently had to fill out an N5B and found the NRLA guidance notes helpful, you need to be a member to access them - around Ā£75 but money well spent if it stops you making a mistake. Membership also gives you access to a helpline which will be useful

        Comment


          #5
          Thanks Dave , thats certainly something to ponder...

          Comment


            #6
            I think that it's quite likely that the Council has told him to stay put, so you are going to have to apply to the County Court for a possession order. If youre not confident of doing that then get a housing solicitor or eviction company involved.

            I would also inform the Council that he is refusing to pay his rent, which they will likely regard as him becoming intentionally homeless.

            Comment


              #7
              I think I'm going to down the housing solicitor / eviction company route.
              Its going to cost me but this is really bringing me down now in all honesty . I've got a daughter and Mom with very serious health issues and I need to concentrate on them rather than a jerk who's taking me for a ride ! šŸ˜”

              Comment


                #8
                Any tips on a good one to use?

                Comment


                  #9
                  Look at the ones who advertise through landlord websites.

                  Comment


                    #10
                    Will do .
                    cheers

                    Comment


                      #11
                      Hi there, I'm currently in a similar situation. I had to visit my local court to ask the same questions after searching everywhere...

                      Claim No........Leave blank
                      Issue date.......Leave blank
                      Fee Acc No......Leave blank

                      Court fee......Check your local court online, mines is Ā£355
                      Legal Rep.....blank unless your using one
                      Defence return date ......blank
                      Q4.....the address you want back

                      So I was told to print out three copies of N5B and fill out my sections on each...


                      Comment


                        #12
                        Thanks Patrick, really helpful.

                        Comment

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