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I wonder if someone can offer some advice with the issue of a Section 21 form 6a and a subsequent application for claim for possession N5b?
The history is I have a tenant in my property who I need to serve notice on as I can no longer afford to keep my rented house plus I have some health issues and therefore putting it up for sale.
I have discussed with the tenant and her parents and they are “sort of” ok with it but totally understand why I am selling it. I have told them I will issue a Section 21 6A (as the initial tenancy was after 1/10/15) and it is now in period tenancy.
They have asked I issue it sooner rather than later as they think this will help them in a case for other housing. They are actively looking at private rents and property pools.
The situation is when I first issued the tenancy agreement, I also enclosed a copy of the EPC that was done in 2014 and also a copy of the How To Rent publication but I have no proof that I issued these. The gas certificate was done after the tenancy agreement started but BEFORE moving in to the property and was available to the tenant when they moved in.
I have no issues with serving the 21 but if push comes to shove and housing associations etc. start telling them to stay put until an eviction notice, even though this is against the law according to Brendon Lewis who as cabinet minister wrote to all council leaders telling them this, I will need to claim for possession using the accelerated procedure.
On the N5b form it asks what date where the 3 prescribed items issued. My questions are these:
Should I re-issue up to date copies of these documents anyway with proof BEFORE I issue the section 21 and use the new issued dates on the N5b?
OR
Should I still put the original dates of issue on the N5b even though I have no proof I issued them at the time the tenancy started?
It is unlikely the tenant will defend the 21 anyway as they are actively looking for somewhere else, so if no defence, will a judge grant possession order based just on the dates on the N5b or will they need to see proof? There is nothing on the N5b about submitting proof of the dates, just proof of service of the section 21.
Can anyone advise?
Thanks
The history is I have a tenant in my property who I need to serve notice on as I can no longer afford to keep my rented house plus I have some health issues and therefore putting it up for sale.
I have discussed with the tenant and her parents and they are “sort of” ok with it but totally understand why I am selling it. I have told them I will issue a Section 21 6A (as the initial tenancy was after 1/10/15) and it is now in period tenancy.
They have asked I issue it sooner rather than later as they think this will help them in a case for other housing. They are actively looking at private rents and property pools.
The situation is when I first issued the tenancy agreement, I also enclosed a copy of the EPC that was done in 2014 and also a copy of the How To Rent publication but I have no proof that I issued these. The gas certificate was done after the tenancy agreement started but BEFORE moving in to the property and was available to the tenant when they moved in.
I have no issues with serving the 21 but if push comes to shove and housing associations etc. start telling them to stay put until an eviction notice, even though this is against the law according to Brendon Lewis who as cabinet minister wrote to all council leaders telling them this, I will need to claim for possession using the accelerated procedure.
On the N5b form it asks what date where the 3 prescribed items issued. My questions are these:
Should I re-issue up to date copies of these documents anyway with proof BEFORE I issue the section 21 and use the new issued dates on the N5b?
OR
Should I still put the original dates of issue on the N5b even though I have no proof I issued them at the time the tenancy started?
It is unlikely the tenant will defend the 21 anyway as they are actively looking for somewhere else, so if no defence, will a judge grant possession order based just on the dates on the N5b or will they need to see proof? There is nothing on the N5b about submitting proof of the dates, just proof of service of the section 21.
Can anyone advise?
Thanks
