Anyone Help a n5b Virgin Fill in My First n5b Form?

[nessa]

Hi Everyone

First time filling in this form, have a few queries and hoping someone may be able to help me with them.

1) What is the normal process most landlords adopt - do they do this themselves or get a solicitor? I was thinking that I fill out the form myself and if the tenants appeal, and it gets tricky, then get a solicitor involved, as I would quite like the experience of doing this myself. However I don't want to cut my nose of to spite my face, and delay things any further because I have made a mess of it.

2) I know this should go to the nearest county court, however am I right in thinking that the court has to be one that deals in possession proceedings? How do I find this out?

3)I take it the court gives you a claim number when they return your copy to you, and an issue date?

4)Do you always ask defendent to pay costs?

5)On point 7 is the date you need to give, the date you posted the s21 either by royal mail or by hand (if you delivered in person and posted through the letterbox)?

It also states here 'The notice expired on xxx'. My s21 states the notice expires after 18 November 2011- so should this date be 19 November 2011?

6)What do you normally put in point 8?

7)For point 9, I have read that most landlords do not request a hearing as the costs make this prohibitve - would that be correct?

8) Then when all filled in, need to send 3 copies to court with 3 copies of s21, ast and dps stuff?

9)Deposit held with dps - what do you normally give as proof - will a screenshot be ok?

Many thanks for any help with this.

Nessa

[nessa]

Sorry guys just realised that there are several updates to the form.

Those questions relate to version 12/07!!

Now got 04/10 version asI beleive whilst not thelatest this is still acceptable, and has accompanying notes (n5c form)that I can use - good grief don't make it easy on the landlord!

[Snorkerz]

You may find this example of a completed form useful (although I suspect it is not the latest version which was only a month or so ago) http://www.landlordzone.co.uk/agreements-login.htm

If it asks you to log in, just re-register because 'landlordzone' and 'landlordzone forum' are different.

You can get the latest form here http://hmctsformfinder.justice.gov.u.../FormFinder.do

Any court is fine - it will be transferred to the court nearest to the rental property.

You can ask for an order that the tenant pays the court fees, IMHO that is not fair for s21 (ie, where the tenant has not done aything wrong). S8 - that's different. I think I am in a minority on that though

If you say 'I want a hearing' you have the chance to put your side forward, but it will delay things.

3 copies of form n5b - only 1 copy of the evidence is required.

[jjlandlord]

You can ask for an order that the tenant pays the court fees, IMHO that is not fair for s21 (ie, where the tenant has not done aything wrong).

This is OT, but I think it is fair: If LL has to go to court it means that no surrender could be agreed with T hence LL being obliged to go all the way.

[Snorkerz]

This is OT, but I think it is fair: If LL has to go to court it means that no surrender could be agreed with T hence LL being obliged to go all the way.

I said I was in the minority.....
The tenant has rights under HA1988 not to be evicted without a court order. None of us should have to pay out to allow someone else to exercise their rights.

However, it's an argumet that I don't expect to win, and I know that courts can award the £175 fee, hence my advice to OP that she could request such an order.

[nessa]

Thanks for those replies guys -really helpful. Just going through the form now.

I have just called the court I thought it would be, and they have confirmed they deal with this so all OK. However fee is now £175!! They also said they don't bother over what version it is, just as long as it is on a n5b form.

[Snorkerz]

However fee is now £175!!

Sadly, it has been since April. get the latest court fees from the court forms link above (ex50)

[nessa]

Thanks Snorkerz.

Still stuck on the part

'The notice expired on xxx'. My s21 states the notice expires after 18 November 2011- so should this date be 19 November 2011?

Thanks for any help

[Snorkerz]

18 November

[nessa]

A million thanks

[nessa]

Another quick question.

Ended up using 04.10 version of the form in the end as struggled to type in some of the fields with the latest version??

However I have noticed in the latest version you need to give your deposit reference number, but this is not required in the 04.10 version.

What proof do I need to give regarding the deposit with this older version, as nothing is actually requested?

Many thanks

Nessa

[Snorkerz]

I would mark the proof of deposit protection (E) and enter in the notes section "Proof of deposit protection attached as appendix (E)"

You should also have
AST is marked A
s21 is marked C
Proof of service - s21 - is marked C1

Don't use appendix B (demotion order) or
appendix D (HMO license)
to avoid confusion.

[nessa]

Thanks Snorkerz, greatly appreciated.

Will a screenshot from the dps site be OK?

Also just to re-confirm I only have to give 1 copy of the all documentary evidence (A1,C1 etc)to the Court but must provide 3 copies of the n5b form?

Thanks

[Snorkerz]

You should have got an email from the DPS confirming the deposit has been protected. It should have a title like "DPS Deposit Protection Confirmation - BLOGGS - 123 HIGH ST, ANYTOWN".

I would obscure the confidential 5-figure repayment ID.

[nessa]

Thanks Snorkerz - done that.

As far as the prescribed info goes, do you have to include that?

Mine forms part of the tenancy agreement - should I highlight this in the notes?

Also called court regarding copies of ast, s21 ,proof etc etc. They say 3 copies have to be provided - best run out and get some more printer ink!!