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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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Question for Jamie-Law - I have a court hearing for

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Question for Jamie-Law - Hi, I have a court hearing for possession of my property from a tenant. My estate agent filled in the forms for possession, and the case went to the 1st hearing but they had made a few errors one being they had filled in the old N5B form so the judge adjourned the case for the correct forms to be filled in. Also the tenant claims she was given an old "How to Rent Check List" but my estate agent said they passed the correct one and had her sign for it as well. The Judge has allowed me to submit the correct forms and the hearing is on the 13 August 2018. I require assistance with this matter.
Jamie-Law

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

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Customer: replied 6 months ago.
After the judge received my claim and the Tenants defence he replied stating the following errors-
- Tenant is claiming that in her N11B the wrong versions of the "How to Rent Check List" was give
The date on the Notice was missing
Para 3 not completed and no Alternative deleted.
On the day of the hearing the judge informed me the wrong N5B form was completed.The agent has done the following :
-The date on the Notice has been added
-The new N5B is completed
-Para 3 has been deleted and an alternative deleted
-The agents are adamant the correct version of "How to Rent Check List" was given at the time of the move-in, which would have been the 2016 edition. What will happen now the tenant has caused this confusion?I have also changed my home address in the new N5B form, will this cause any complications ?Please can you check if all the paper work is correct and do I need to do anything for the court hearing ?

There are significant amount of paperwork there, I can go through it all, but it would be at extra cost.

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Customer: replied 6 months ago.
If you just look through the amended claim form and the courts order/notice
Customer: replied 6 months ago.
answer the questions please

What is your question? Are you asking if the amended claim is ok?

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Customer: replied 6 months ago.
the new N5B form,
- the issue with the version of "How to Rent Check List",
- changing my home address on the new form
- what do i need to say and do at the next hearing
Customer: replied 6 months ago.
On the Court order dated the 2 August it said ''The court on receipt of the claim do issue and serve the Defendent" what does this mean ?

Yes, the new claim form is fine.

You have to serve (send to the Defendant) the claim form and particulars.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

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Customer: replied 6 months ago.
how will the issue with the version of "How to Rent Check List" be dealt with ?

A judge will take a view. I can’t see it making much difference. They are just trying it on.

Does that assist?

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Customer: replied 6 months ago.
Do I have to send all the particulars again or just the new form ?
Will my new home address on this form make any difference ?

Just the new form

New address wont make any difference, you just need to update the Court

Does that assist?

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Customer: replied 6 months ago.
Hi the court gave permission to issues the substitute claim form by 4pm today, I lost track fo time, does this mean the form has to be there in court or can I post it today ? or can it be emailed?

I note you have not yet left a positive rating. I am happy to continue this and answer your question if you can take a moment to do so. Thanks.

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Customer: replied 6 months ago.
I usually do that at the end. Its done.

Thanks. You need to email it, signed and send a copy by post.

It needs to be there by 4pm

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Customer: replied 6 months ago.
What is the email address ?
If I can’t get a copy there by post today 4pm what would happen ?

I have no idea which Court it is being heard in.

If you Google that Court it will tell you the email address of the Court.

If you can not then you have not complied with the Court order and your case may be struck out

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Customer: replied 6 months ago.
its at the he County Court at Manchester - Manchester Civil Justice Centre*****West Manchester ... I found this email - Civil listing:***@******.***. uk would this be correct ?

Yes that would work

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Customer: replied 6 months ago.
As per your advice - I managed to drop of the forms in court And email them as you said, but following sending my email I received the following reply -
"If you send an e-mail to Court you must not send a hard copy of that e-mail or any attachments to the Court (see CPR PD 5B para.4.1). Failure to adhere to this requirement may result in the imposition of a sanction on the party in breach.
What do I do now?

There is no breach if you send a hard copy!

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Customer: replied 6 months ago.
But I’ve sent both hard copy and email

Then that is fine.

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Customer: replied 6 months ago.
ok great... but what is that email about then ?

No idea. There is no sanction

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