Filling N5b Question- A Flat is a dwelling house or part of a dwelling house?

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    Filling N5b Question- A Flat is a dwelling house or part of a dwelling house?

    Hi All

    I am about to submit N5b Possession Of Property Claim soon. I was advised by my local County Court that I can submit the claim ONLINE at https://www.possessionclaim.gov.uk/pcol/ and this will save me £50.

    This is a very attractive way of submitting claim and seems like I am quanlified to do so according to the rules.

    Has anyone done this online before? Have you had a good experience?

    Or do it by post is better?

    Thank you.

    #2
    The court were wrong.

    N5b is for section 21 claims.
    PCOL is for section 8 claims under grounds 8, 10 or 11.

    Comment


      #3
      Thank you Snorkerz.

      OK I will do by post.

      Court also told me if I do by Court then :"The Court requires 1 copy for the Court and a further copy for each defendant. The fee must be payable to HMCTS and is £175.00."

      Are they right to say the above? I though I need to submit 3 copies.

      Thanks.

      Comment


        #4
        3 copies, one for the court, one for the defendant and 1 to be sent back to you with a pretty little court stamp on it!

        The fee is £175.

        Comment


          #5
          Thank you for your advise.

          Do you think I should serve N5b to Court straight after S21 expires? The tenancy agreement finishes end of today. The tenant is clearly not moving out. Can I serve from tomorrow? Is it better to wait a little?

          When post to Court, is it better by recorded delivery or other method?

          Comment


            #6
            It is fine to send it to the court the day after expiry. So long as you keep copies for yourself (in case of loss) it is fine to use regular post.

            Comment


              #7
              >>>Help: N5b Claim of Possession form Questions<<<

              Hi All,

              I am filing a N5b form and have the following questions. Hope someone can help:

              - My property is a two bedrooms flat in a buiding with few others. Is the premises ' a dwelling house' or 'part of a dwellinghouse'?

              -On page 'Notes for the defendant', there is a CERTIFICATE OF SERVICE section. Do I need to get tenant-the defendant to fill this part before I send to Court? Or ! Since it reads ' I certify that the claim form of thiwhc this is a true copy was served by me on....by positing it to the defenants(s) on....at the address stated on the first page of the claim form.'

              Do I-the Claim/Landlord have to fill this part? Do I have to send a copy to my tenant? Also it says 'completed on court copy only'. So if I send three copies to the Court, I only need to have one copy with this section filled? The Court will post this page to my tenant?

              It says 'Officer of the Court' at the bottom of this section, so the Court fill this part?

              I am a bit confused!


              Thank you.

              Comment


                #8
                If your tenant rents the whole flat, it is a dwellinghouse. If they rent a room, it is 'part'.

                The claim form is the n5b and the dark orange box is for the court staff to record they have sent it to the tenant

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  If your tenant rents the whole flat, it is a dwellinghouse. If they rent a room, it is 'part'.

                  The claim form is the n5b and the dark orange box is for the court staff to record they have sent it to the tenant
                  Thank you. However on the Guidance it says "1. If the premises of which you seek possession are part of a building,identify the part(e.g. 'Flat 3' or 'room 6 and 7')."

                  So I am a bit confused....

                  Comment


                    #10
                    Three related threads merged.
                    I also post as Mars_Mug when not moderating

                    Comment


                      #11
                      How to separate them please?

                      Comment


                        #12
                        Hi all,

                        I am filling N5b claim for possession of property.

                        On Page 2, point 1, I need to state whether the premises is dwelling house or part of a dwelling house.

                        I understood my tenant is renting the whole flat so I am seeking possession of a dwelling house.

                        However on the Guidance it says "1. If the premises of which you seek possession are part of a building,identify the part(e.g. 'Flat 3' or 'room 6 and 7')."

                        So I am a bit confused!

                        Please help.

                        Comment

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