N5B urgent help please

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    N5B urgent help please

    Hi all,
    Am now sat here filling in N5B as tennant has stayed in the property. Am a bit lost about section 4 and 5.

    4. Both the [first] tenancy and the agreement for it were made on or after 28th February 1997.
    a) No notice was served on the defendant stating that the tenancy would not be, or continue to
    be, an assured shorthold tenancy.
    b) There is no provision in the tenancy agreement which states that it is not an assured shorthold tenancy.
    c) The “agricultural worker condition” defined in Schedule 3 to the Housing Act 1988 is not fulfilled
    with respect to the property.
    (or)
    5. Both the [first] tenancy and the agreement for it were made on or after 15 January 1989.
    a) The [first] tenancy agreement was for a fixed term of not less than six months.
    b) There was no power for the landlord to end the tenancy earlier than six months after it began.
    c) On the 19 (beforethe tenancy began) a notice in writing, stating that the tenancy
    was to be an assured shorthold tenancy, was served on the defendant(s). It was served

    The tenancy started in December 2008 as a 6 month AST and then went on to become a Periodic Tenancy which it still is.
    So which section would I delete?
    Thank you in advance, think I have seen too many forms today.

    #2
    Leave in '4'. Delete '5'.
    Reason: '5' relates to the original type of AST (i.e. created on any date from 15 January 1989 to 27 February 1997 inclusive), preceded by a s.20 Notice- to which 5c is referring. The rules changed for new ASTs created on/after 28 February 1997 [Housing Act 1996].
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Many thanks. One more question (I hope) on form n215 Cert of Service, I am filling this in as I served the notice in person do I date it on the date the s21 was served ie 6th Jan 2010 and also do I do the same for my witness statement for the person who was with me?

      Comment

      Latest Activity

      Collapse

      • Algae and Moss on Steps
        SGB100
        Our tenant occupies on an AST 6 month term, the flat is accessible only from rear concrete steps (they only serve their flat these steps do not provide access for other areas) and on inspection we found the steps to be covered in moss and algae whose responsibility is it to clean this?
        16-01-2018, 15:20 PM
      • Reply to Algae and Moss on Steps
        DPT57
        This should really be covered by a clause in your tenancy agreement. If it isn't then draft an addendum now for use next time....
        16-01-2018, 19:16 PM
      • Termination of Tenancy
        janeygee
        Hi,
        looking for some practical advice here, first post.I shall try to hit the main points and be brief.
        I have been renting my house to a couple whilst I have been out of the UK with a private rental contract, visiting the house once a year. They have been renting for 10 years , on a one...
        15-01-2018, 15:34 PM
      • Reply to Termination of Tenancy
        DPT57
        As JPK says, let them leave before pressing some of the these issues. If you haven't served a proper s21 notice then they could make your life very difficult and make you wait before giving up possession....
        16-01-2018, 19:14 PM
      • Periodic S21
        royesjaffia
        Good Day All,
        I am a new landlord and as such decided to not undertake the task of all the nuances of letting so I hired a letting agency.

        Things went smoothly until I wanted the tenant to leave. The date the tenant was to leave was the 13th of January. To date, he still has not left...
        15-01-2018, 15:14 PM
      • Reply to Periodic S21
        DPT57
        Serve notice yourself and then assuming you instructed the Agent to serve notice on the tenant and they failed to do so, cancel the contract with them and report their incompetence to whichever redress scheme they are part of....
        16-01-2018, 18:57 PM
      • Take agent or inventory company to court?
        Spencerjdb
        Summary:
        Who is responsible for keys if they break 3hrs into tenancy by bending (poor metal) and later proven the 2nd copy of key I had was stiff (and lock has a "knack" and a "fraction") and was later given agency copy of keys which were better than my "stiff keys".
        ...
        16-01-2018, 17:05 PM
      • Reply to Take agent or inventory company to court?
        Wannadonnadoodah
        So with the 2 hour clean you'll be taking court action over a dirty side of a bed and a key? Last time I had a key cut it was less than a fiver and it sounds like a 3 minute cleaning job to do down the side of the bed. It really does feel like a massive over reaction. Taking this into consideration...
        16-01-2018, 18:40 PM
      • Notice period when subletting
        peacelily
        A bit of background to explain the situation- I am currently subletting a room from a tenant of a flat who is renting from a landlord.

        I have now given my notice to move out.

        Our original agreement (only by email, nothing signed or in writing) stated that the tenant would...
        16-01-2018, 18:10 PM
      • Reply to Take agent or inventory company to court?
        Spencerjdb
        I want to take court action if I have to pay for a cleaner, because those responsible for the property will not.
        I want to take court action as the agency I'm sure will take it from my deposit if I do not pay for a 2nd key to be cut.

        I'm not a slave, nor a cleaner, nor do I have any...
        16-01-2018, 17:49 PM
      Working...
      X