Desperately needing help with Form N5B please...Claim for possession of property

[Tigs]

Members and friends can anyone help me find some guidance in completeing Form N5B please

I'm an 'accidental' landlord. I've done the usual endless searches on the web and although there are lots of other people in a similar position to me, the help offered is based on an out od date N5B.

The questions or sections I'm finding to be tricky are 3; 4; but I'll need to check that I'm doing the right thing with the rest of the form generally.

I would be most grateful for your time and steer. Thank you

[SpringerSpaniel]

Re: Desperately needing help with Form N5B please...Claim for possession of property

Tigs, if you want help with putting together papers for litigation, you may want to consider upgrading to VIP and moving this to the VIP work in progress forum - otherwise your opponents may be able to see this if they come here as members or guests.

[The Listener]

Re: Desperately needing help with Form N5B please...Claim for possession of property

Hi,

With the form N5B which is for Accelerated Possession you will need to have served the relevant Section 21 Notice first. It is a no-blame possession application that if done correctly leads to mandatory possession with no defence possible.

Sections 3 and 4 relate to the tenancy and when it was created and if it is the only tenancy or if you created a new one at any time.

[PlanB]

Re: Desperately needing help with Form N5B please...Claim for possession of property

Accelerated Possession you will need to have served the relevant Section 21 Notice first. It is a no-blame possession application that if done correctly leads to mandatory possession with no defence possible.
.

That's not exactly true. There are various grounds for a Tenant to file a Defence which leads to a hearing in front of a District Judge in the county court. Most successful Defences are based on legal and/or procedural errors including failure to insure the Tenant's deposit. When the claim is dismissed the Landlord has to go back to square one and issue a new section 21 Notice so the cycle begins again.

[The Listener]

Re: Desperately needing help with Form N5B please...Claim for possession of property

A landlord can't use a Section 21 if the deposit is not correctly protected. I preceded my comment with 'if the application is done correctly'.

But, point taken.

[PlanB]

Re: Desperately needing help with Form N5B please...Claim for possession of property

A landlord can't use a Section 21 if the deposit is not correctly protected. I preceded my comment with 'if the application is done correctly'.

But it isn't only an incorrect application or a lack of deposit protection which can be used as a defence to frustrate a possession order following a section 21 Notice or an appeal against a possession order. In this case the Supreme Court ruled that tenants have a human right to have a roof over their head. This case of Hounslow vs Powell involved a social housing tenant but private tenants are beginning to wise up to value of Article 8 too.

http://www.bailii.org/uk/cases/UKSC/2011/8.html

[Tigs]

Re: Desperately needing help with Form N5B please...Claim for possession of property

Thank you all for taking the trouble to read my post and offer your assistance. I appreciate your help. I have since filed the form N5B and now await a response.