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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I served a section 8 notice on a tenant on feb 29th (sent by first class post and i have p

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i served a section 8 notice on a tenant on feb 29th (sent by first class post and i have proof of postage and i also sent a second copy to another tenant in the house and asked him to pass this onto the tenant i wish to evict)
my question is this - when can i apply for a court order ? do i have to wait until the notice 8 has expired before the court application is lodged? also am i using the accelerated possession route and finally can i ask for unpaid rent to be included in the court order for eviction? oh and lastly do i complete and serve an n5 and a n119 notice - or just an n5 notice to the court
thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.You can apply to Court for a possession order 2 weeks after it was served.You have to wait until its expired before you can apply to Court yes.Yes, you can ask for unpaid rent to be included in the Judgment.If you go onto https://www.possessionclaim.gov.uk/ - then you dont need to fill out the forms.Otherwise its form N5b and N119Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
hi thanks for the reply
ok i can apply for court order on march 15th assuming the notice was served on march 1st ? I am not allowed to apply to the court before that date - sorry i just want to get this absolutely clear- it strikes me that there would be a delay between application and court hearing so it would be not a problem to apply a few days before the section 8 had expired ?
i did fill in a notice to apply for a court order using the pcol website and it was a rate of 250 pounds as opposed to a cost of 280 if if download the forms and send them in by hand- is that correct?
But what i am unclear about is the n5 and n119 notices - do i do them both- i couldnt see any info about n119 notice on the gov website but it was mentioned on a landlords forum. I rang the court in cardiff and they did not mention anything about the n119 just told me to fill in n5 form ? And the reason i ask about claiming rent back is that on the gov website is says you cannot use the accelerated proceedure if you are claiming rent - you should use the section 21 form and then it is 2 months notice to quit- sorry about this i am a simple landlord with one house and never had to do this before .
Expert:  Ash replied 1 year ago.
Yes you cant do it before March 15th. Yes there is a delay but there is NOTHING you can do about that. You MUST NOT apply to Court early, or you claim WILL be thrown out.Yes PCOL is cheaper. You need both Form N5b AND N119.You are not seeking a S.21 but S.8 notice so grounds are unpaid rent.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
hi i am getting there - i checked on my pcol form but it does not appear to have either a n5 or n119 number - it just says possession claim online and i filled in the various steps using the online form. so now i am confused whether i need to fill those other forms?
Expert:  Ash replied 1 year ago.
If you are doing it online then you dont need to fill out the forms and send it to Court.Its all done automatically. If you are doing it on paper and sending it to Court then its N5b and N119
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
i think so yes
so on paper i have a form called claim form for possession of property - it asks me such things as if my house is an hmo- and if the tenant paid deposit. the online form does not ask these questions at all? and to be honest i cannot find a record if the tenant paid a deposit - i doubt that she did to be frank but the fact that i cannot find a record is troubling me somewhat - is it a problem?
Expert:  Ash replied 1 year ago.
Correct.If she did and you didnt protect it you cant evict. It must be protected before you start eviction proceedings.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
i just found the tenancy agreement and it clearly states on it that there was nil deposit paid
Customer: replied 1 year ago.
ok so going back to the previous discussion about different forms - why does the online form not ask the same questions ? it does not mention the question of whether the house is an hmo or ask about deposit?
Expert:  Ash replied 1 year ago.
I dont know why online doesnt ask the same questions. If there is no deposit paid you are ok.But fill out what you need to online and submit it after the S.8 has expired.
Customer: replied 1 year ago.
oh sorry one more thing - the surname on the tenancy is zikalala - and she signed it as such - but on the section 8 notice i filled it in as zikilala because i saw a letter recently that she spelled her name with an i and so i filled the form 8 using the newer spelling - is that a problem? which spelling should i use ? the tenancy one or her real name
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
ok thanks alex oh sorry one more thing - the surname on the tenancy is zikalala - and she signed it as such - but on the section 8 notice i filled it in as zikilala because i saw a letter recently that she spelled her name with an i and so i filled the form 8 using the newer spelling - is that a problem? which spelling should i use ? the tenancy one or her real name
Expert:  Ash replied 1 year ago.
You should use the correct name on the Court form. its not really an issue whether its a typo or not.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
ok i will rate you dont worry but just to clarify the name she has officially given me is the one on the tenancy - i dont officially know that she spelled her name wrongly on the tenancy- so really the only name i know her by is the one on the tenancy so i am not sure whether to use this or the name that i have noticed on a form left at the house ?
Expert:  Ash replied 1 year ago.
Use the tenancy one. That is the one she signed it for.Do not worry about minor typo
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
ok thanks
i am still confused as to why the online form is so different to the paper one- it asks nothing about the tenancy agreement and so on and also that the court said nothing about n119 form so if i had submitted the n5 form would it have been acceptable or would they have not processed the application for a hearing because i had not filled in the n119 also?
Expert:  Ash replied 1 year ago.
i don't know why it's so different. But n5 and n119 needs to be submitted for a paper Matter.
Expert:  Ash replied 1 year ago.
Can I clairfy anything for you?Alex
Customer: replied 1 year ago.
sorry alex i wish to conclude matters but i confess i am still confused - if i apply for an accelerated possession order i think it is the case that i cannot claim back rent arrears ?- that is what i read somwhere - certainly the paper form i downloaded and printed off does not give that option - i have read that i need to make a separate claim to a small claims court if i am to claim rent arrears ? whereas the form on the internet pcol (which does not have a number attached) does give me a calculation method for determining rent arrrears - can you explain a little further the separate routes ie the section 21 route and the section 8 route and which will give me the option to chase rent arrears? and also why does the gov website not explain that i need to serve n5 and n119? or am i misssing something ?
Expert:  Ash replied 1 year ago.
If you use accelerated you can claim arrears.I can't log into pcol so can't tell you what it says.S.8 is breach of a tenancy agreement S.21 is where you give two months notice where you want property back.If it's paper possession then you just have n5 and n119
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
sorry alex but on the gov website it clearly states that i `can use the accelerated possession route if i am not claiming rent arrears` - it goes on to say that if `you want to claim rent arrrears you can use the standard possession proceedure` - `or can use the accelerated proceedure and make a separate court claim for rent arrears`
this is not on pcol website it is gov.uk website section called evicting tenants england and wales
Expert:  Ash replied 1 year ago.
Ok. Well you want the order for possession so do it online. That gets it in really quick but only after the section 8 notice has expired.
Expert:  Ash replied 1 year ago.
That is the key priority.Does that clairfy?Alex
Customer: replied 1 year ago.
yes i think so - i doubt i will get any money off the tenant so it seems pointless chasing her up for it in anycase . the key thing is the possession as you say. its just unclear which route the online form is going - no clear title at the top of the form or number - the paper one does state n5b at the bottom and `accelerated possession` on the top of the form. I have not seen n119 and the court didnt say i needed it - they only said n5 - didnt say n5a or nfb. So if i go down the online method is it an accelerated of standard possession ? it must be the standard possession since it gives me a chance to show breakdown on unpaid rents ? so how long does that take before the court gives a hearing ? or is it that there is not a hearing ? and how long will it take for them to make this decision and give a court order ?
Expert:  Ash replied 1 year ago.
pcol is standard. Hearings are listed after 28 days and a judge can make an order there and then at the hearing.Does that clairfy?Alex
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
hmm so i may be better going downt the acceleratedd possession route since it should be faster? and i think there is no court case usually - i will not be able to pursue the rent arrears but then i doubt i will get any in anycase .
Customer: replied 1 year ago.
why does it not say on the pcol form that it is a standard possession order ?
Customer: replied 1 year ago.
i will contact you again in the morning to conclude this - sorry its been rather a long one - i am still confused by the different proceedures- if i serve the section 8 and wait 2 weeks and then apply for a court hearing based on n5 and n119 i have to wait for a court hearing ? an accelerated court order may be granted without a court hearing ? but i cannot go for an accelerated posssession order unless i have served a section 21 notice (as opposed to a section 8) and waited 2 months ?
Expert:  Ash replied 1 year ago.
Standard route - Court hearingAccelerated route - no Court hearingS.8 notice - 2 weeksS.21 notice - 2 months
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
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