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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi Alex, I served my tenant with a section 21 notice to quit

Resolved Question:

Hi Alex,
I served my tenant with a section 21 notice to quit and they should have moved out yesterday, they are still in the house. They are still paying rent but I want them out of the property still how can I do this, I have found 2 forms n119 and n005 not sure which I need if any of them, could you help please.
Thanks
Christophe
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify with you that you are happy that the s21 is validly served and completed please - the reason I ask is that they are easy to get wrong - or would you like me to verify this with you before I address your principal question please?

Customer:

I am sure it is correct the council have sent me a letter saying so, they advised the tenants to stay In and continue paying rent.

Joshua :

Thats fine. Thanks. On the basis that you have served a valid s21 notice and have a copy of the tenancy agreement you can apply for possession using the accelerate possession procedure in the county court as follows:

Joshua :

You will need the following two forms:

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=618
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=347

Joshua :

You will need to complete these forms and send them together with a copyof the original tenancy agreement and your s21 notice to the court together with an issue fee of £175

Joshua :

Providing the court is satisfied that the s21 is valid it will issue a possession order and serve this on the tenant. If the tenant still refuses to leave then you will need to request a warrant for possession using form N325. At this point bailiffs can be instructed to remove the tenants if necessary with the assistance of the police.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

That is nearly all I need to know, on form n119 the reason for asking for possession in 4 part c do I put I want to sell the property?

Joshua :

If you have a copy of the tenancy agreement and the s21 agreement you will not need to complete the form N119 and can just complete and return the N5B form making sure you have answered all the question on the form before you do. You only need to complete form N119 if you are evicting other than on the basis of a s21 notice i.e. under s8.

Joshua :

Providing you have the s21 notice and tenancy agreement you can proceed just with form N5B.

Joshua :

Could you tell me if the s21 notice was served on the tenant by anyont other than you or by post?

Joshua :

Is it was - e.g. you used an agent to serve the notice on the tenant then you will also need to include with your N5B form a certificate of service but otherwise not and it is just the N5B, s21 notice, tenancy agreement and £175 fee you need.

Joshua :

Once you have your possession order from the court if the tenant still refuses to move out you can apply for a warrant for bailiffs to attend using this form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n325-eng.pdf

Joshua :

Is there anything else I can help you with?

Joshua and 2 other Property Law Specialists are ready to help you