Advice on N5B needed

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    Advice on N5B needed

    I am using N5B (accelerated procedure) without a tenancy agreement.Has anyone done this and if so what was sent instead of the tenancy agreement?Any advice would be welcomed.

    #2
    Originally posted by Ronald
    I am using N5B (accelerated procedure) without a tenancy agreement.Has anyone done this and if so what was sent instead of the tenancy agreement?Any advice would be welcomed.
    I'm sure someone may give you a more definitive answer, but I'd have thought you have no chance without it. Why don't you have one?

    Comment


      #3
      You CANNOT use the APP without a written tenancy agreement.

      You will have to use the ordinary procedure and there will have to be a hearing.

      If you try to use the APP without a WTA, your claim will either be rejected at the pre-filing stage at which point you will not lose your fee, or it will be rejected by the judge after filing at which point you can kiss £150 goodbye AND have to pay the proper fee AGAIN.

      Comment


        #4
        Thanks for your replies.I thought so too but I have been advised to use the accelerated procedure by two different solicitors.Has anyone actually tried this?

        Comment


          #5
          Ronald - The solicitors I use try the accelerated procedure first so the success rate must warrant this.DJB is correct in one respect,the ordinary fixed date hearing procedure will definitely be OK (forms N5 and N119).

          Comment


            #6
            Advice Just In Case

            I Will Probably Have To Go Through This Route As I Don't Think The Tenant Will Move Out. She Had A Written Contract For The 1st Six Months But It Expired 18 Months And I Wouldn't Renew It. Am I Able To Go Through The Accelerated Procedure?

            Comment


              #7
              Deandevy, if you had an initial six month agreement then the tenancy is now periodic, you can use the accelerated procedure.

              Ronald, I have never been in the position you are in but I've been reading and contributing to this forum for some time and from what I have seen, your two solicitors are wrong. Don't forget, they may not be specialists in this area and they also get paid whether they are successful or not. Ask them how many times they have used the accelerated procedure when there is no tenancy agreement and how successful they were.

              Comment


                #8
                Mr Woof - I also asked Landlordaction who gave me the same advice.Only one solicitor out of half a dozen agreed with you.Still thanks for the advice.

                Comment


                  #9
                  This may be a case of one law for them and another for us poor landlords. On the times I have been involved in my own S21 or S8 actions where a court hearing has been involved, I have gained the distinct impression that the judge disliked the fact that I was taking my own action i.e. preventing one of his legal colleagues from earning a fat fee that was really their right.
                  We frequently read here of cases of nitpicking judges throwing out cases where the most minor errors (if indeed they are errors) have been made causing landlords to fork out more court fees and giving dishonourable tenants another two months or more free accommodation. This would probably not have happened if the cases had been brought by solicitors who made the same (or worse) errors. They are in the club, we are not, but if we are very careful we can still mitigate our losses by avoiding shelling out a fat solicitor's fee!

                  P.P.
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                  Comment


                    #10
                    Thanks PPilcher.You have worried me but it explains the inconsistent advice.I will let everyone know what happens.

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