How to prove that L is owner/ that s.21 Notice served?

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    How to prove that L is owner/ that s.21 Notice served?

    hello

    I am having problems proving the section 21 notice was served to my tenants -what proof do i need to send?

    also the judge is claiming i have not provided proof that the claimant and landlord are the same person-???????what i suppose to do ...should i give them a copy of my deeds?

    i need serious help filling in n5 form

    #2
    So in what sense are you living for free?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Originally posted by fzman fustrated View Post
      hello

      I am having problems proving the section 21 notice was served to my tenants -what proof do i need to send?
      How did you send it?
      also the judge is claiming i have not provided proof that the claimant and landlord are the same person-???????what i suppose to do ...should i give them a copy of my deeds?
      Why whould he think otherwise?
      i need serious help filling in n5 form
      http://www.rla.org.uk/landlord/docum...rtPapers.shtml

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        #4
        i am not living for free i was refering to my tenents living in my house for free because the law is strange and allows them to.

        Comment


          #5
          The law does not allow anyone to not pay their rent. If you are in the right, you would have no difficulty getting a court order for the missing rent.

          If you can not enforce that order, then maybe you need to re-look at your tenant selection process as this is usually a case of landlords allowing unsuitable people to rent their properties.

          If you can answer my first Q above - we might be able to help.

          Here's some more questions...
          • Is the property in England or Wales?
          • Is the rent less than £2083pm?
          • What date did the tenancy commence?
          • What date did the last tenancy agreement commence?
          • How long was it for?
          • Is any deposit protected?
          • When did you serve your section 21?
          • Was it s21(1)(b) or s21(4)(a)
          • What was it's expiry date (exact wording)

          Comment


            #6
            Originally posted by fzman fustrated View Post
            hello

            I am having problems proving the section 21 notice was served to my tenants -what proof do i need to send?
            You'll need a copy of the notice served, and proof of service, such as a certificate of posting, signed-for delivery confirmation, or a witness statement if served in person.

            also the judge is claiming i have not provided proof that the claimant and landlord are the same person-???????what i suppose to do ...should i give them a copy of my deeds?
            I don't know why he'd ask that, but a simple solution is to download, for £4, a copy of the title register of the rental property from the Land Registry website, which will, I assume, show your name as the owner. Assuming your name is also on the tenancy agreement as landlord, then that should be sufficient proof.

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              #7
              sorry for delayed in post -as per previous discussion i am having problems getting possession of my house.

              to be precise the judge states in resopnse to my claim:
              1) claimant is neither the landlord nor the register owner
              2)paragraph 6 of claim form applies as the originally tenancy ended on the 27 decemeber 2009 and has been replaced by a periodic tenancy
              3)the evidence of service of section 21 notices states that it was left at the property but notice appears to be signed by tenant.

              judge believes i would benefit from indepent legal advise.
              -----
              in respone to the judges points -i have sent everything again.
              with a copy of my deeds (download for £4 as per advice) as answer to point 1

              point 2)tenancy ended on the 27th december 2009 -tenant had breach contact by oct 2009 and did not respond to any calls or letters by h agent to agree new contract. so i dont know what they want here

              3)certificate of proof i had not selected who signed -amended as claimant agent. was never signed by tenant.so this has been corrected and sent

              please help

              Comment


                #8
                Originally posted by fzman fustrated View Post
                sorry for delayed in post -as per previous discussion i am having problems getting possession of my house.

                to be precise the judge states in resopnse to my claim:
                1) claimant is neither the landlord nor the register owner
                2)paragraph 6 of claim form applies as the originally tenancy ended on the 27 decemeber 2009 and has been replaced by a periodic tenancy
                3)the evidence of service of section 21 notices states that it was left at the property but notice appears to be signed by tenant.

                judge believes i would benefit from indepent legal advise.
                -----
                in respone to the judges points -i have sent everything again.
                with a copy of my deeds (download for £4 as per advice) as answer to point 1

                point 2)tenancy ended on the 27th december 2009 -tenant had breach contact by oct 2009 and did not respond to any calls or letters by h agent to agree new contract. so i dont know what they want here

                3)certificate of proof i had not selected who signed -amended as claimant agent. was never signed by tenant.so this has been corrected and sent

                please help
                Please answer the following questions: -

                1. Who is stated to be the landlord on the tenancy agreement, you or someone else. if it is someone else what is your link to them?

                2. Did you receive a deposit?

                3. If so is it protected within a scheme.

                4. When did you deliver the section 21 notice?

                5. The judge has indicated it was left at the property is this correct?

                6. The judge also states the tenant appears to have signed the section 21 notice, is this correct?

                7. If the tenant has signed the notice when was it returned to you?

                8. I assume the property is in England or Wales and the rent pa is less than £25,000 but please confirm.

                9. I assume the Particulars of Claim are on form N5B (look at bottom corner of the form) but please confirm.
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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