possession application

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    possession application

    Is it possible to use form N5b

    http://hmctsformfinder.justice.gov.u.../n005b-eng.pdf

    where a deposit was taken, not registered, but has been returned in full prior to the S21 Notice being issued?

    N5b question 7 asks if a deposit was taken (yes), and then requires details of deposit registration. There is no option for the scenario where deposit was returned.

    1) should one answer 'No' to Q7?
    2) should one answer 'yes', but hand-write iv) deposit returned in full on(date)(receipt attached)?
    3) or must one use N5 instead of N5b?

    (note: just want to know the above so no need to side-track on other S21 validity issues like dates)

    #2
    Yes it is fine to use n5b and we have answered 'no' to that question without and problems. We usually attach a claimants witness statement with wording similar to:

    With regard to the tenancy deposit, I state that the deposit was returned to the defendant on xxx/xxx/xxxx, ie before the service of section 21 notice as required by section 215(2A)(a) of the 2004 Housing Act. I attach defendants confirmation of this, marked ‘D’.

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