N5B urgent help please

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  • 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.
    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).


    • #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?


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