Evicting T by s.8/s.21 Notices

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    #16
    What do you mean by serving N5 and N119?

    Once the Section 21 notice has expired, you will need to start possession claim at your local county court by completing a N5 claim form.
    As far as I am aware N119 is only for Section 8 claims. No need for it as your (Section 21) claim is non fault based.
    If you don't go for "accelerated procedure", you will possibly get a hearing date 6-8 week from the date you start the court process. On the hearing day, if the judge grants possession, your tenant will have 14 days to leave. If on that date he / she doesn't vacate, you will need to apply for bailiff’s to evict.

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      #17
      I am 99% sure but I'll let someone else confirm it too.

      N119 - Particulars of Claim for Possession

      It is used to give details of arrears etc. As you can not claim arrears with a Section 21 claim, N119 is not needed.

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        #18
        Hi,

        thanks again.

        Myself and an ex solicitor friend have completed the N5....I have scrubbed the names and addresses but these are correct, full names and everything...

        Please can you or someone else please cast their eye over it.....and comment please.

        I haven't dated or signed it.

        Also is it a problem that we filled out the majority using the online PDF then had to write on some of it because of the spaces of the fields....also the crossed out bits are done in black ink....

        advice greatly appreciated.

        If there is an error do you have to redo it and pay again ???

        thanks

        Bob
        Attached Files

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          #19
          Two separate threads by same member have been merged here. Do not cause problems by starting continuation threads; use the same one.

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            #20
            Originally posted by bobbyd76 View Post
            We don't want to go with the accelerated procedure.
            Why not?

            If you have served the S21(4)(a) correctly, then you would be advised to fill in the N5b for accelerated possession. No hearing will be required (unless there is problem with paperwork), and you are likely to get possession order granted for 4-5 weeks from date of submission.

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              #21
              Originally posted by havensRus View Post
              Why not?

              If you have served the S21(4)(a) correctly, then you would be advised to fill in the N5b for accelerated possession. No hearing will be required (unless there is problem with paperwork), and you are likely to get possession order granted for 4-5 weeks from date of submission.
              Hi,

              I understand your point, but it's a strange situation. I was in the understanding that the accelerated proc. would be 14 days......???

              We are in the situation of the end of the payment year with FOUNDATION (DSS), and we want the 13th payment.

              It has taken this long to get the notice right that we feel that the normal N5 route is fine. We are receiving 85% of the rent from the council so it's not critical to get them out so quickly, there are other circumstances and issues.

              In your opinion is it a problem to just use the N5 (normal route) ?

              Please let me know your thoughts.

              thanks

              Bob

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                #22
                Where on earth did you get the understanding that the accelerated possession would take 14 days??!!

                You probably misunderstood the point that the T will have 14 days from service of the notice to put in a defence, after which if there is no defence, you then complete the tear off portion of the notice of issue you received, send it to court and the possession should be granted - possibly 2-3 weeks down the line. The shortest I've had is 4 weeks exactly from date of service to possession date. If T puts in a defence, then its up in the air as to how long it might take - depends on the court.

                I haven't had to use N5 for S21 possession, so don't know!! sorry can't answer that question.

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                  #23
                  ....

                  thanks for the comments.......

                  N5b (accelerated) looks like a much more complicated form !!!

                  will check it out.

                  thanks

                  Bob

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