Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
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thanks will do
oh you are around- shall I go through it now or would you rather I send you the list of Qs to that email address?
Put the questions here, as I am on and offline
Number them and I can answer each one
OK. ... I am looking at form N5b for accelerated possession. To be honest I am not too sure we will get anywhere with it but we are going to give it a go... So, Q3 am I right in thinking that I need to cross out the bits that come after OR (tenancy agreement being made after 15 Jan 89) given that our first agreement was Jan09 and then July 10?
When was the period for how long please?
q5- this was served by TNT, proof of signature provided, through Legal 4 Landlords. What details do I need to give in the box that asks who served it- TNT's or the legal person's name and address? They have sent me the proof of service form, all completed. q7- we did not protect the deposit but returned it before we issued the Section 21 so I have said yes to deposit received after April 07 and then No to whether it was protected and then No to receiving a property as a deposit. The plan is to say in the attached witness statement that we returned teh deposit "With regard to the tenancy deposit, I state that the deposit was returned to the defendant on xxx/xxx/xxxx, ie before the service of section 21 notice as required by section 215(2A)(a) of the 2004 Housing Act" and attach the bank transaction proof. Finally... and this is the very dodgy bit, our 2nd agreement was for 60 months (due to stupidity and kindness... no.. stupidity on our part). Before signing it, we wrote to say we woudl offer the 60 months but with a break clause that we can terminate the tenancy with 5 months notice and teh tenants with 3 months notice. We attached the letter with the break clause to the agreement when it was signed, 2 months later. In teh agreement we also explained that the rent would increase by 2.5% a year. The tenants have observed the agreement by conduct by increasing the rent and, this Jan, saying taht they wanted their 5 months notice before they would leave. So we returned the deposi ton Jan 30th, issued the S21 on teh 31st giving 5 months notice, and this notice expires on Thursday. But of course they are not prepared to go anywhere!! Sorry this is sooooo long. DO you think it is worth trying the accelerated possession route?
Thanks for this.
No, I don't think you can apply for this via the accelerated route.
The first agreement was for 6 months from Jan 09 to July 10, the second agreement was from July 2010 to July but with the break clause I described earlier, attached to the TA.
Hmmm.... I feared you would say that.
This is for a standard AST that has come to an end and the Landlord wants possession or arrears
You need to apply via the standard route and there will be a hearing
Problem with an accelerated route it is all on the papers
If the Judge has ANY questions or query then he has to dismiss the claim
He can't set it down for a hearing
All paperwork has to be perfect, slightest error it is dismissed
But with a normal possession claim you can rectify errors and answer any questions the Judge may have
It takes longer but there is far less risk
where do you think the biggest stumbling block would be?
The question about notice and the 2.5% etc
I think you should do this via the standard route.
But you should get a hearing within 28 days anyway
Can I clarify anything for you about this today please?
Right.... We are hoping to do this as litigant in person (ha ha I can hear you laughing!)- is there a form I need to complete for a standard hearing?
Generally you can do it online: https://www.possessionclaim.gov.uk/pcol/
Or its form n5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
OK great. Thanks for your help!
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Great I will take a look at N5 - thank you. Yes will do- thanks.
Thank you- I think you have clarified things enormously. Many many thanks.
Happy to help
Sorry to come back- but if we are now going to go down the N5 route, should we be serving a Section 8 first? Our primary reason for wanting to evict was nuisance and unauthorised changes but were advised to go with s21 rather than S8. Would the fact that they have ingored the S21 and are still there, taht they are not letting us inspect and that they are ignoring all communication, need to be cited on the N5? I have gone on the web address you sent me but that's for arrears it seems, which has not been an issue in our case