N5B questions

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    N5B questions

    Dear colleagues
    I am filling in a N5B just to be ready for day after my section 21 notice is effective.

    I have managed most of the form but still 3 small issues elude me. Any help much appreciated.

    The issues are:
    On q2 the first part asks on what date I (the claimant) entered into a written tenancy agreement (with the defendant). The fact is that she signed an AST on 09.09.13 in readiness for a start of tenancy of 01.10.13. So which dates goes in the box?

    q3 mystifies me. As my agreement was in 2013 I'm not sure what to respond to or how. The sub parts I could affirm do apply are a), b) and c) but there is no instruction to tick them or otherwise indicate that they apply?

    Finally
    q5 is another date uncertainty. I took my S21 notice round and both myself and my tenant signed it on 13.02.14. It says on the notice that I am giving 2 months notice effective from 1st March 2014. So when the question asks:
    'On the ......... a notice in writing, saying that possession of the premises was required was served upon the defendant.' Do I put the date I took it to her and we signed together (13.02.14) or, the date it was effective from which was 01.03.14?

    Best
    Clifforde

    #2
    Don't know about Q2.

    Q3: Cross out either the bit BEFORE the "or" or the bit AFTER the "or".

    Q5: If served by hand, the date on which you took it to the tenant. Had you served by RM First Class, it would be the date you put the envelope into the system plus two days.

    Comment


      #3
      Thanks emwithme that's a good start.
      Bw
      Clifforde

      Comment


        #4
        one question left on N5B

        I am filling in a N5B just to be ready for day after my section 21 notice is effective.


        The question is:
        On q2 the first part asks on what date I (the claimant) entered into a written tenancy agreement (with the defendant). The fact is that she signed an AST on 09.09.13 in readiness for a start of tenancy of 01.10.13. So which dates goes in the box?

        Comment


          #5
          I would have thought the T commenced/T occupied. Presumably 01.10.13.

          On s21 how did you express the date for seeking repo? Hopefully "after 30th April 2014" unless you used a s21b so the Notice would expire 2 cql months exactly after service ie 12 April 14. Why did it state you were giving 2 months Notice, effective from 1st March?

          Comment


            #6
            Thank you mariner, that was my thought use T commencement date of 01.10.14.

            Ref S21
            Actually I can see now that I could have begin the notice on the date I served it 13.02.14, but was being literal about 2 months notice. I presume that is inconsequential as along as what i have given is sufficient.

            The way i expressed it was:

            Notice Requiring Possession by Virtue of Section 21 of the Housing Act 1988 regarding tenancy agreement for:XXXX XXXX XXX

            DearXXXX
            Our Agreement is for a 6 months Assured Shorthold Tenancy created within Part 1 Chapter II of the Housing Act 1988 (amended 1996) and the provisions for the recovery of possession by the Landlord in section 21 (1) (b) thereof apply accordingly, save where the Landlord serves a notice under paragraph 2 of Schedule 2A to that Act.

            In accordance with that Agreement, I hereby give notice by virtue of Section 21 of the Housing Act 1988 that I require possession of the dwelling known as: XXXXXXXXXX

            The tenancy commenced on the 1st October 2013. I am therefore, giving you the requisite 2 months’ notice effective from the 1st March 2014.

            My family and I are moving into the property and so I shall expect to take possession on the 1st May 2014 at 12 noon.
            If you require a reference please contact me. I wish you all the best for the future.

            Bw
            Clifforde

            Comment


              #7
              You aren't expecting to be able to move in on 1 May, are you? It could be another 3 - 4 months from that date for the Court/bailiff processes to take effect...

              Comment


                #8
                I was hoping that would be possible (though not to move in but start renovations for a move date in July). Now that I am aware of the potential for that to be delayed considerably (eg 3-4 months) I am preparing for the worst. Thank you again.

                Comment


                  #9
                  q5 query on N5B

                  The second part of q5 asks: 'The notice expired on the .... .....'
                  I had thought to put 01.05.14 as that is the day I want to move in. However, I am now thinking that the 2 months’ notice which began on 01.03.14 ends on 30.04.14 as that is 2 complete months. So even though I am saying on the notice;

                  'the tenancy commenced on the 1st October 2013. I am therefore, giving you the requisite 2 months’ notice effective from the 1st March 2014. My family and I are moving into the property and so I shall expect to take possession on the 1st May 2014 at 12 noon.'

                  It may be that I should specify 30.04.14 on that second part of q5. What do people think? Am I in fact just giving them a further half day to move out and clean up or are there other implications?

                  Comment

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