Using form N5B for accelerated possession.

[paulw]

i am filling in a 'n5b' form for accelerated possesion of my flat and i have realised i have lost the original tenancy agreement - unforgiveable i know!

the form clearly states that it must be attached but what do you do if you dont have it? i seem to remember reading somewhere that without the original agreement then they assume a periodic tenancy is in place - is this correct?

[RichieP]

I don't think you have any chance without an agreement. You'll need to request a hearing.

[P.Pilcher]

I am afraid that you will have to scrap that N5b form and complete an N5 instead. Without your AST agreement a court hearing will have to be held for the judge to satisfy himself that an AST agreement existed.

P.P.

[paulw]

thanks..but that was not what i wanted to hear!!

i need to speak to my tenant. i suspect she is wanting me to to go through the eviction procedure so she will get a council house, if this is the case then she should let me take a copy of her copy of the tenancy agreement.

[P.Pilcher]

I hope that your section 21 notice form has been corrctly served giving the necessary two months notice (It is possible to fiddle this with a tenant in the situation you describe). With the copy of your tenant's AST you can use the accelerated proceedure, so a few weeks after filing your N5b form you should get your possession order. Then, when it goes final (two weeks more) toy can shell out a bit more to get the required bailiff's letter.

P.P.

[paulw]

many thanks all.

ive just been to see my tenant regarding repairs to the flat and she handed over her copy of the tenancy agreement for me to copy without question.

she has thrown a 'positive' spanner in my planned eviction procedure by saying she is expecting to be given a council house very soon and has even told me which house it is so i can only assume she is telling the truth. the section 21 expires end of feb so i think i must keep going with the possesion order if i havent heard anything.

[P.Pilcher]

Don't forget that there is no necessity to file your N5/N5b with the court as soon as the S21 notice expires. If you wish, you can give your tenant more time if you want before having to shell out £150 in court fees.

P.P.

[davidjohnbutton]

Why not ask her if she can get it in writing from the council that she will be rehoused by xx date. You could then write to the council to ask for confirmation and pointing out that you wish to sell the flat and will arrange completion for the day after they rehouse your tenant - that will concentrate their minds cos they will be mindful that they (the council) could be liable for your subsequent losses if they do not house when they say they will!! Might save you £150 plus bailiffs fee and a lot of stress!

[ah84]

Form N5B for accelerated possession.

Got a few questions which hopefully some more experienced heads will be able to answer. Don't want to make a stupid error and get the case thrown out!

1)I presume it makes no difference if I use the online form and then fill in the PDF and then print as opposed to using the official yellow paper form?

2)I presume the court will fill in the court fee and amount at bottom of front page and the bit at the top which says which court it is in.

3) In section 7 it asks you to state when the section 21 expired. My section 21 expires AFTER 26 Aug however the court form says "The notice expired on the xxxx 20xx. So can I flll in AFTER 26 Aug or do they want a specific date.

9) With regards section 9 which is postponement for hardship I presume there is no harm in me crossing it out to get a hearing. The tenant has just had a baby and due to it being an HMO it will disturb other tenants and is a breach of my licence for numbers of occupiers. She also wants to leave for more suitable accomodation but the council have not re-housed her nor has she found anyone to take her on with HB. So far we are on good terms and she may not object because I have advised her that eviction will force the council to rehouse her. But if she does argue exceptional hardship, I have nothing to counter that apart from the fact that the sooner the court orders possession the sooner the council rehouse and hence they should not delay.Any thoughts on this?

Many thanks if anyone can help.

[tahmur]

1) No difference

2) You fill it in

3) Put 26 Aug

9) Don't fill it in. If yourpapers are in order you should get possession order in 4-6 weeks. Remember after that has expired you will have to apply for an eviction order which will take another month.

[ah84]

1) No difference

2) You fill it in

3) Put 26 Aug

9) Don't fill it in. If yourpapers are in order you should get possession order in 4-6 weeks. Remember after that has expired you will have to apply for an eviction order which will take another month.

Thanks for your response tahmur.

One more question if I may.

Section 3 of the form states that on xxxx(date) 20xx the claimant entered into a written tenancy agreement.

Well the agreement is dated 25 April because that is when it was signed however the actual term was 6 months from 27 April 2003. The rent is mentioned as being payable on 1st of month but following Jeffrey's advice I dated the sectiopn 21 as expiring AFTER 26 August.

I presume the right date to fill in for section 3 would be 25 april because that is when we signed lease? Hopefully judge will look at lease before automatically striking out claim!!

[jeffrey]

Yes. You enter into an Agreement when it is completed and begins to have legal effect- even if the period of occupation begins later (or earlier, for that matter)- so 25 April 2007 is the relevant date to insert.

[ah84]

Thanks.

Just spotted one more possible problem area. I'm sorry if my questions sound stupid, but from reading on here it seems you only need to be a tiny bit incorrect for the judge to send you packing.

Section 7 asks for the date that section 21 notice was served on the tenant.

I hand delivered it and push it under the door of the tenant's room at 6.15pm on monday 11th june.

The only thing is service is deemed to be later, probably wed 13th june. This is plenty of time because expiry is aug 26th, but what date do I put to avoid getting into problems?(or would they not be so sticky on this?).

[ah84]

Accelerated possession-requesting possession

Court sent papers to tenant and deemed them served wed 5th sep.

It says tenant has 14 days from service to file defence and then I can apply for judgement using the tear off slip.

So does that mean I can go to the court this wednesday the 19th or Thur 20th?

If service date is included then 14 days runs out tue.

Court clerk who answered the phonre told me I should come Thursday, but I feel they might be wrong and would rather believe the experts here than the court people!!

[P.Pilcher]

Sounds to me that the Court Clerk is correct and that the 19th is the date to apply. If it is merely a stamping job. then you can pop round to the bailiffs' office and book them if you need to.

P.P.