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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in the process of taking a tenant to court using a

Resolved Question:

I am in the process of taking a tenant to court using a Section 21 Notice. The owners have changed during the tenancy. it was owned by the mother and she then passed ownership to her two sons. I have 2 tenancy agreements, one in the mothers name (original
AST) and then a renewal in the sons names as joint owners. The Section 21 notice has the two sons names as the owners. Will this be ok using an N5B possession order form? Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear the S.21 is in the original tenants and the current tenants name?
Alex
Customer: replied 1 year ago.
Hi Alex,
The tenants have always been the same, the landlords have changed. Original owner was mother and then she transferred ownership to her two sons.
I have 2 AST. The original one is in mothers name and then when renewed, the renewed AST was in the sons names. Tenants have remained the same throughout.
Thanks
Expert:  Ash replied 1 year ago.
I see. In that case then the Section 21 can only be by the new owner. It can't be the old owner as they have no right to serve such notice!
So yes you can do this using N5B - if the court has any concern it can set it down for a hearing.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex,
Do I declare on the N5B form that the owners have changed since the 1st tenancy?
It asks for this in section 4 of the form.
Also, is it correct that the deposit should be registered in the new owners name? Even though, the deposit was originally registered in the previous owners name?
Expert:  Ash replied 1 year ago.
Yes you should be correct. The deposit generally is in the name of the tenant, but if it is protected, that is enough. The court is ONLY concerned if the deposit is protected.
Does that help?
Alex
Customer: replied 1 year ago.
Yes it does thank you.
one last question - does the S21 have to have the landlords address?
Thank you
Expert:  Ash replied 1 year ago.
Yes.
Does that clarify?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, thank you

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