witness statement of service of S21 notice?

[jameslutonuk]

hi there,
can anyone help with a court-accepted format of witness statement of service of S21 notice?
and also assume the N5B form from www.properyhawk.co.uk is a valid/updated one?!

many thanks!
james

[thesaint]

You can use the N5b direct from the government site:

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

The same site has the witness statement:

http://hmctsformfinder.justice.gov.u...t_forms_id=459

[jameslutonuk]

MANY THX!
well, been told n5b now contains certificate of service of S21, the n215 from as you suggested is no longer necessary?!
pls pls explain as really worrying!!!
plus: does S21 expire on the 61st day of service? and required possession date doesn't have to be the same date as it, right? can be couple of days later, right?
sorry for scrappy questions, first time comes across things like these, really nervous!!!
much appreciated your help!!!
cheers!
james

[thesaint]

What date did the tenancy start?
How long was the fixed term?
Was an end date specified on the tenancy agreement?
Was a deposit taken?

[jameslutonuk]

thx for getting back!
started on the 15th, June, last year, with 6 months fixed term on my ast copy, tenant's copy is blank on this term, it's cleared over half an year.
deposit was taken and registered...
notice served on the 17th of Feb, with possession required on the 19th, April, is the date right? did it start on the day of srevice, which is 17th, or next day, the 18th? also expires ON the 60th day or ON the 61st day?
also, is the N215 absolutely needed or?!
if needed, on the top bar, form asks 2 questions:
"on what day did you serve" and also "the date of service is?"
suppose to be same question? of which in my case, answer to be the 17th, Feb, is that right?
thank you so much!!!
looking forward to your explaination...
cheers!
james

[theartfullodger]

thx for getting back!
started on the 15th, June, last year, with 6 months fixed term on my ast copy, tenant's copy is blank on this term, it's cleared over half an year.

?? Eh ?? How can tenant's copy be different?? Think Judge would decide tenant's copy (if legit) was the one...

deposit was taken and registered...

Was deposit registered within 30 days of receipt?? Was PI served prior to S21??

notice served on the 17th of Feb, with possession required on the 19th, April, is the date right? did it start on the day of srevice, which is 17th, or next day, the 18th? also expires ON the 60th day or ON the 61st day?

Err no: Assuming tenancy was 15th to 14th then any S21 would have to expire "AFTER 14th month..." (the words "AFTER 14th" are important...

[jameslutonuk]

thx for quick answer..
well, things are bit complicated, as i've known this lady for some time, i felt i could trust her, (which is a huge mistake now!), after i evicted the 1st squatter of same property (see how lucky i was!) last year, i sat down with her talked about this and she felt sorry for me and promised NEVER to this kind of thing to me, we were sitting and chatting, and i forgot to put a term of length of tenancy on her copy, with a verbal agreement of tenancy of 6 month, i noticed this and put on this term later on myself on my copy.....
deposit was registed couple of days LATER than S21 service, will judge seriously look into this info?
it shouldn't be a big problem as AST is not even legally required by court nowadays, as verbal agreement can also be taken into account, right? what if landlord lost his copy, which can be very possible, ain't?
as far as i'm aware of this eviction service, judge makes possession order based on only two grounds: 1, valid S21, 2, it's over a period of 6 months.
by the way, on the ast, its bi-week rent payment agreement, not monthly, started from 15th, June, should end on the 14th, Dec, notice served on the 17th, Feb, well after 6 month.
i'm not too worried, just want to make things well prepared as possible. This lady, by the way, has given me a serious lesson! i'm utterly disgusted by what she said and what she's done to me!!!
appreciated your advice!!!
cheers!
james

[Mrs Mug]

deposit was registed couple of days LATER than S21 service, will judge seriously look into this info?

Please confirm when you registered the deposit.

Did you register it within 30 days of the tenant giving it to you?

[theartfullodger]

....
deposit was registed couple of days LATER than S21 service, will judge seriously look into this info?... ...
...

Well that is part of his job & evicting people from their home, their property (oh yes..) is a serious business..

We will assume you did not protected depsoit within 30 days of receiving it. If so..
a) You must return it to tenant (or get it agreed to use against arrears) before a valid S21 may be served: Suggest s21 with "saving clause":

b) Tenant can sue you for up to 3x deposit :

c) Tenant or her legal adviser may be reading this thread...

Cheers!

[thesaint]

Well that is part of his job & evicting people from their home, their property (oh yes..) is a serious business..

We will assume you did not protected depsoit within 30 days of receiving it. If so..
a) You must return it to tenant (or get it agreed to use against arrears) before a valid S21 may be served: Suggest s21 with "saving clause":

Whether or not the deposit was registered within 30 days or not is immaterial for Sec 21 validity(the OP has already stated the the tenancy started in June, and the Sec 21 served in Feb, with the deposit registered after this, so we know it was not within 30 days), the Sec 21 is invalid.

[jameslutonuk]

thx for that!
cheers!
james

[jameslutonuk]

thx everyone for helpful advice.
in my unfortunate case, i think i need to re-serve the notice, do i?
can someone please advise me with the correct dating info on the S21 notice, can't no longer afford any more time.
renancy started on the 15th (sat), June, last year with bi-weekly contract, it's over half an year, dating should have no thing to do with rent due day (every other fri), right? as long as it's over 60 days, am i getting it right?
can someone give me an idea of correct dating? many thanks! (say serve again on the 42nd, Mar)..
many thanks!!!
james

[jameslutonuk]

sorry, say serve again on the 17th, (monday), of March....
many thanks!!!
james

[thesaint]

renancy started on the 15th (sat), June, last year with bi-weekly contract, it's over half an year, dating should have no thing to do with rent due day (every other fri), right? as long as it's over 60 days, am i getting it right?
can someone give me an idea of correct dating?

What do you mean a bi-weekly contract?

Have you returned the deposit, or got a signed agreement that the deposit has been put towards rent?

Edit: I just re-read an earlier post in regards to the bi-weekly rent.
I would serve a new Sec 21(once the deposit has been taken care of)that gives at least two months notice, and contains a saving clause.
Working out your tenancy periods will be a nightmare, as it is a mixture of everything.

[jameslutonuk]

thx for getting back!
will wait till couple of weeks before s21 notice expires then, and will consider using fault claim possession section 8 notice then, will be faster.....
we've verbally agreed using the deposit to pay part of rent arrears. By the end of day, believe judge will make a decision based on justice, she's in huge amount of rent arrear, have told her i'll be lenient on arrearsif she moves out voluntarily, if not, will take her to court for rent arreas....
know to work out the corrrect dating is quite a stress, may use a solicotor to help me with section 8 and onwards then...
cheers!
james