N5B Court Form Completion (Partial Video)

A partial video on how to complete the N5B Form.
To access the full video, I am now asking for a donation of £50 to the following JustGiving page for the MND Association
The link www.justgiving...
When payment is made, let me know, and I will send you a link to the full video. You can email me on [e-mail]

[@thelettingsguru]

It looks likes the fees will increase by 10% from May 2024. Possession claims will increase by £36 to £391 Bailiff Warrants will increase by £13 to £143

[@stevetheodosiou6466]

A massive help, thank you

[@dionnemc]

Brilliant video, I was stressed until I discovered it!

[@thelettingsguru]

Glad it helped!

[@jont4498]

Cant thank you enough - this form was a mindfield and you made ir easy i will be donating!

[@thelettingsguru]

That's very kind jon

[@alex75hgft]

Excellent video, thanks for sharing your knowledge and being such a noble person. I've donated to your cause. I hope it helps :)

[@thelettingsguru]

Thank you Alex ...much appreciated

[@thelettingsguru]

Alex, please send me your email. [e-mail]

[@zeea6507]

Thank you so much all done and posted and now recieved by the court. Hopefully get house back soon.

[@thelettingsguru]

Good luck 👍

[@zeea6507]

​@@thelettingsguruthanks bailiffs came yesterday and now got my property back.

[@WH-fy9ni]

How did it go. I am in the same process ? The video only shows half the form how did you manage to do the rest

[@kerrybooth1933]

Hi Darrel. I've just donated to your JustGiving. Please would you send me a link to your full video. Thank you

[@thelettingsguru]

Thank you kerry ... can you email me at [e-mail]

[@melaniekramer5930]

what an amazing video! First time I found you and will definitely refer to you again. In regards to the renting checklist booklet, do i need to submit copies of all the booklets i have sent to my tenant or is it just the last one sent and the first one as the tenancy has been renewed several times?

[@thelettingsguru]

Thank you, glad it helped.

[@ali78610121012]

Amazing video, thank for putting in so much effort. It's been of great help for those trying to fill out this form. I do have a quick question However. My tennents who I'm trying to evict via the accelerated process are on a periodic tendency (since the assured tennency expired). With this in mind, for question 9B/C should I answer no or yes? - since it's not longer an assured tennency but a period rolling one? Appreciate any guidance on this

[@thelettingsguru]

Hello Ali ...basically all of 9, should be a NO, apart from 9a

[@ali78610121012]

​@@thelettingsguru amazing thanks for your swift reply

[@thelettingsguru]

If its been helpful please consider a donation to my justgiving page 🙏 💖

[@ali78610121012]

​@@thelettingsguru yeah just done that now mate!

[@WH-fy9ni]

Couple questions please ; 1- do I need to provide “ how to rent “ guide with the form 2- section 21 expires 1st May 2024 , do I send the n5b form our tomorrow ? 3- 17b . Gas records. Do we need to provide the first one we have to the tenant and the most updated one ? 4- the tenant did not give a deposit when they moved in, will this be a issue or is fine Many thanks need to get this form printed and sent tomorrow I guess !

[@thelettingsguru]

(1) Yes, the one you have provided to the tenant. (before you served the section 21) (2) no, you basically have 6 months from the service of the section 21, to submit the court forms, but ideally, you would send asap (3) all of them are required for the N5B (4) thats fine, makes life easier.

[@ali78610121012]

Hi Darrel. Hope you're well. Just wanted to ask something regarding the 'how to rent guide'. The latest Version of this document (June 2018) was issued to the tennents when they first moved in. This tenancy was not renewed and instead we proceeded with a rolling periodic tenancy. Does this still mean that the latest version of the 'how to rent guide' should have been reissued when it came out? (I believe it's now version Dec 2020) I ask because the difference is that they are on a rolling periodic tennency (since may 2019) Thanks much appreciated and keep up the good work!

[@thelettingsguru]

HI Ali Legally the 2018 one is the corrrect version. If it went periodic after Dec 2020, then that version would have been the correct one. The court form does not really explain the legal position, but a clever solicitor or CAB advisor could get a possession claim thrown out if you had not provided the correct version of the HTR guide. Crazy I know.

[@ali78610121012]

Thanks Darrel

[@user-ky5jg2xf4j]

Hi Darrel, is there any more videos on this? I watched the first one till 12:16 but can see from the chat that there is more. Thanks in advance, so far it’s been super useful!

[@thelettingsguru]

You have to sign up to the patreon subscription

[@Morning_Rays]

Hi Darrel, Thank you so much for the video. Just for clarification please.. In the point 19b. Is the term "Holding deposit " refering to the deposit which is in Tenancy deposit scheme ? I need clarification because point 12. also asks about deposit. Is it required that deposit be refunded back to tenants before serving section 21 (which is two months before tenancy ends) ? What if there are rental payment arrears and landlord wants to take possession and use the deposit in TDS scheme to reduce the rental amount that is due for payment by tenant? Does landlord has to pay it to the tenant before serving 21 and then using N5B way for possession?

[@thelettingsguru]

HI it refers to a holding deposit taken when they first apply. Most agents would take one, and most landlords would probably not. The form is just trying to work out what you did with the holding deposit thereafter. Most people would just allocate the amount to the tenancy deposit. In terms of deposit deductions, that is separate to this process, which is only about possession.

[@Morning_Rays]

@@thelettingsguru Thank you

[@sumitkar6769]

Hi, not sure if this is applicable however I have tenants not leaving property. I have provided section 21 and now council cannot assist the tenants and want me to take them to court. In this scenario, would a N5B be applicable to submit? If not, would you have any advise what to do? Thank you

[@mehmethayirli7974]

Hi Darrel Thank you so much for this video My property bought at auction has sitting tenants since 12.10.1999 they have only 6 month Assured Short Tenancy. I gave them Section 21 notice on 5 December 2022. My tenants will not allow Gas or Electric Safety inspection to be carried out for me. I will apply for Accelerated Possession Order from the Local court in Grimsby town Do I need to supply Gas safety certificate, How to rent Guide and EPC to the Court? The only Tenancy Agreement with them was signed on 12.10.1999 for six months.

[@thelettingsguru]

Sadly I dont think you can go accelerated possession as you were not the original landlord. I think you will need to go N5 and N119 which will be a court hearing.

[@MojiN-hl4lb]

Excellent tutorial, where can I see the full video pls. I am filling in the N5B form and need guidance Thx

[@thelettingsguru]

Hi, you have to subscribe to the full membership on my Patreon channel. Link is in the video description

[@stephenemm3829]

Thank you very much for this Darrel. I just have a question regarding the N5B. I did put the tenant's deposit in a deposit protection scheme but not within the 30 days of the agreement being signed. I was then advised to do so and provided the tenant with a copy of the certificate before issuing the Section 21 Notice. Does this mean the Section 21 is still valid?

[@thelettingsguru]

HI Stephen ...the law says within 30 days of the deposit being PAID. On th assumption, that has not happened, then legally you should return the deposit in full to the tenant, and then you can serve a section 21 notice.

[@zahrakhalid9277]

Thank you very much for this Darrel. I just have a question regarding the N5B. I have had a tenant in since Sep/21 at the start I gave all the documents (gas/elec/rightorent etc) and served a Section 21 in Jun/23. But I couldn't find the first original gas certificate. However the renewed gas certificate for 2023/elec/right to rent was given with the section 21. Is this a valid section 21 or would I need the first ever gas certificate for the N5B ? Do I need to go and do a N5 / N119 form

[@thelettingsguru]

Sadly based on court decisions you cannot get possession under section 21 at all if you're missing the first ever gas safety... trecarrel house v rouncefield is the precedent case

[@martinsmith349]

You're the light at the end if the tunnel Darrel ... Great video, extremely helpful indeed. Could I ask a couple of questions please - Where copies of the contract are required, if the initial one is supplied in full, can the subsequent extensions be the covering page only with the new dates etc and not be required to have every single page of the original duplicated ? Likewise with reference to the 'How To Rent' documents - does the relevant one for each subsequent Extension of the tenancy have to be provided? Finally, can the paperwork be physically handed in to the court building (as it is close by) or must they be sent via Recorded delivery ? Many many thanks

[@martinsmith349]

Oh, if they continue paying beyond the date the contract expired, bearing in mind they are there illegally to a degree, are subsequent Gas, electrical, EPC checks still expected to be carried out ? Thank you

[@thelettingsguru]

(1) i normally put in every page of the contract - never tried with just front page (2) HTR Guide - put in the last one given before you served the section 21 (3) you can hand deliver...each court will have a post box or front counter (4) tenancy continues until ended by the court/bailiffs, so you still have those legal obligations. If tenant wont let you in, then evidence it.

[@martinsmith349]

@@thelettingsguru Thank you very much for getting back and answering the questions. Ive just made a donation to your just giving page. Great cause. Just a final question if I may, if the papers are handed in do I receive a receipt of some form as proof ?

[@thelettingsguru]

Sadly they don't give receipts as a general rule...the whole court process is a little weird

[@sinanselcuk6748]

Thank you Darrel for sharing this! You said; dont use N5B form if you dont have all the documents you are asked in the N5B form. However, i was wondering if we could use this form if there is no deposit taken at all? The form is asking for "Tenancy Deposit Scheme Certificate", however as we let our house out through council scheme, we were not allowed to ask for deposit, so we did not take deposit, which also written in the contract that we do not hold any deposit. Can we still use this form? Can we just provide the contact page stating no deposits taken? Another question! sorry, can we include a cover letter to this form to explain our situation, which is we ll be homeless if we don't take our home back!?

[@thelettingsguru]

yes, you can still use the N5b, you would simply ticked the box, which asks if a deposit was taken. On the covering letter, there is no harm including it, but most judges would take no notice sadly, as you are asking a judge to make someone else homeless. To an extent, your position, is not relevant sadly.

[@MrGarry128]

Hi Darrel, There is no mention of "Domestic Electrical Installation condition Report" in N5B form. Do we provide it to the court? If yes then under which Mark? Thanks

[@thelettingsguru]

It's not relevant to a section 21 so no need to do anything

[@MrGarry128]

Thank you

[@rogerjohnson7488]

Hi Darrel, I have come across an N5B form which is yellow and is slightly different to the N5B you are filling out in this video. Can you tell me which one to use, please. Can I use the white form you are using now (2023)

[@thelettingsguru]

Hi Roger...not sure about the colour issue, but this is the Government link to use assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/935902/n5b-eng.pdf

[@rogerjohnson7488]

@@thelettingsguru Thanks for your help Darrel

[@suerowe53]

Can you make an updated video as I believe they have changed the form now..(:o(

[@thelettingsguru]

Hi sue ...the form was last updated in 2020 so it's still valid . Where did you get your info from ?

[@25007kris]

Hi Darrel legendary video mate! Got a couple questions…can the section 21 be legally served via email??? We sent it through DocuSign and have a receipt certificate… And if any of the questions can not be answered or proof/evidence is missing does that mean the accelerated form cannot be used or would a judge still likely make a decision over it if there is enough paperwork? Cheers

[@thelettingsguru]

HI I think there is a video about how you serve notice on my channel. Personally, I would never serve notice only by email, even if the tenant confirms receipt. It depends on the judge, and if they wanted to be awkward, it could be thrown out. The second question, it depends on so many variables. Some of the questions may apply, some may not. Alot depends on the date of your first tenancy. Sadly not easy to answer.

[@itechuknet]

Hi Darrel, thanks for a great video. I have a quick question regarding Gas Safe, I have the Gas Safe certificates before tenant moved in but I have lost a valid Gas Safe when the tenancy started? (I can show evidence everything was giving at the time of tenancy starting as made the tenants sign a form saying they have received all the relevant paperwork) and I also have the valid Gas Safe for the last 2 years.. Would N5B form be the right route for me, all the rest of the paperwork is in order??

[@thelettingsguru]

That's fine ....its really the first and last one which are the important ones

[@Jas82f]

@@thelettingsguru that’s great 👍🏽

[@thelettingsguru]

any donations greatly received on my justgiving page (if you found it saved you any legal costs)

[@Obr3mpon]

Good morning Darrel! Amazing video. AST ending this month, March 2024. EPC and Gas Safety Certificate not given before agreement in 2016. Section 21 notice already served. What form will I need to complete for the courts bearing in mind that I have not given them EPC and gas safety before they moved in? Your advice will be highly appreciated. Thanks.

[@thelettingsguru]

Sadly the section 21 is invalid. You need to reserve all the compliance documents, and then re serve the section 21.

[@Obr3mpon]

@@thelettingsguru I have subsequent EPC and Gas Safety certs but not one from before tenancy commenced. I was thinking that I can’t use form N5B but instead N5 or N119. If I need EPC & Gas safety before tenancy began that’ll be impossible to obtain. Now that I have some from the past three years I believe that should be good to proceed.

[@thelettingsguru]

regrettablely, if you dont have the EPC and Gas safety which were required for the start of the tenancy, then you cannot use a section 21 at all. (if the tenancy started post 1st Oct 2015). The court forms N5 and N119, still require a valid section 21 notice. You can plead in front a judge and see what they say, but highly likely it will be dismissed. if they have rent arrears, then you can use a section 8. You may need to seek a solicitor for further advice, as i dont have all the informaiton needed to make a reasonable decision.

[@PamBhara]

Hi Darrel, should N5B be used if you are in the process of selling the property and have already served S21 notice to the tenant? Tenant is refusing to leave as she is awaiting assistance with re-housing from Local Authority. Or is there another form to use for this scenario. Thank you.

[@thelettingsguru]

Hi pam ...yes this is the correct form if you have all the paperwork

[@PamBhara]

@@thelettingsguru thanks for your reply. Your video was most useful. Would you mind taking a look at my form before I send it off?

[@thelettingsguru]

HI Pam ..sadly I would charge for that service. (or evidence of a donation to the Syria/Turkey appeal of £50, I am happy to also accept)

[@PamBhara]

@@thelettingsguru Hi Darrel, how can I private message you this information and talk off this platform?

[@thelettingsguru]

Hi pam [e-mail]

[@JohnPGriff]

Many thanks for a great video. I have 2 questions that I hope you can find the time to share your thoughts on. I have a tenant who started their tenacy as the sole tenant in December 2011. The previous TA started in Dec. 2010 where the tenant was in a shared TA with 2 other people. Is the shared tenancy start date considered to be the date the Tenants TA started, or is the start of the sole TA, which was Dec. 2011 the start date? My second question relates to providing copies of Gas Safety Reports. The n5b only included copies for the last TA which ended Feb 2023. Unfortunately, I do not have copies of the one when the joint TA started and when the tenants sole TA started in Dec. 2011 plus one more for 2016. You mentioned in your video about a ruling on whether all GSR were required to be included in the n5b, but have been unable to find information on this ruling, if you have the link I would be grateful if you could share it. It's question 17b that my tenants defence is disputing saying not all GSR's have been included in the n5b. I also understand that for TA's prior to 1st October 2015 there has also been a ruling that GSR's are not required is this correct? Once again any help you can provide would be much appreciated.

[@thelettingsguru]

Hi John (1) Its the sole tenancy you would use. (2) If the tenancy started before 1st October 2015 and no renewals, then alot of the compliance requirements dont apply such as GSC, HTR Guides, and the obligation to have given an EPC to the tenant. The only obligations were deposit compliance and any property licensing. The newer obligations only came into force on 1st October 2015 (did not apply retrospectively) On the Gas Safety issues, which dont apply to you, this was found in the following court case www.landmarkchambers.co.uk/trecarrell-house-ltd-v-rouncefield-2020-ewca-civ/

[@JohnPGriff]

@@thelettingsguru

[@thelettingsguru]

Sadly your assumption is correct. Obviously alot depends on what is found by a judge or a defence solicitor when you submit the papers. Sometimes it's just waved through

[@nobloodyusername]

Hi Daniel I would just like let you know about my experience, clearly at 48:58 you explain that the claimants representative needs to set out their name in the box under the date. However, claimants at Birmingham County Court should be aware that the new district judges at that Court are rejecting application forms if the Claimants fail to include their name in the box. This is quite absurd but has been happening regularly. So Claimants should also include their names in that box too. There have been quite a lot of delays due to this.

[@thelettingsguru]

Thanks for the comment. Lots of judges have different rules...but that is a crazy one. If you are ticking to say you are signing as the claimant then the claimants name is already clearly listed on page 2 and 3 .... however as you say its your experience which is better than anything I can teach

[@nobloodyusername]

@@thelettingsguru I agree, I made this exact point when I resubmitted the form (two copies). However, I had no option but to comply with the order. This set me back three months as another judge ordered a hearing (I used the accelerated procedure originally). Hearing didn't last 5 minutes and order was granted. All in all 3 different judges dealt with my application. The first ordered that the name of the claimant had to be included, the second ordered that a hearing must be held and the third granted a possession order after a 5 minute hearing. A bizarre experience.

[@thelettingsguru]

Sadly not an uncommon experience...thankfully in my 26 years I have been reasonably lucky

[@phantom-editz]

Hi Darrel. Thank you so much for this video. It’s so helpful. Can I ask whether I need to put my own address on the n5b or whether I can put c/o the estate agents and use their address? Also when it says lettering all the forms do you just use a marker on the form with the letter or is there a correct way to present the forms? Thank you in advance

[@thelettingsguru]

Hi Sr...it needs to be your address as the claimant sadly. On the last question it's as simple marking the relevant evidence with A B OR C etc with a big marker pen at the top

[@phantom-editz]

Thank you so much

[@user-ql3pl5fe2b]

thank you so much, this video very helpful.

[@thelettingsguru]

Good to hear

[@Lfcr786]

Hi mate, thanks for the vid, very helpful. I got one question, do I have to send each landlord and each tenant’s form to the court? Or do I just send the court their one copy?

[@thelettingsguru]

You send them all copies ....the courts will stamp each one and send back to each party. They will keep one themselves

[@Lfcr786]

@@thelettingsguru thanks mate appreciated.

[@sandyturner7391]

Excellent Video Darrel - many thanks. One question pls. Our tenants once owned the house they live in, ie in 2014 we purchased their own house, but then they stayed in the house and became our tenants, so we were their original and only landlord. Would my S21 and N5B form still be valid, as I have all the other evidence required ? Thanks

[@thelettingsguru]

HI Sandy, you should be fine, as you have been their only landlord.

[@ssprakash2009]

Hi Darrel - This video is pretty useful for landlords like me, where we don't see any other info available online this is the ONLY video provides much clarity. Thanks a lot. I have a question, in my case we got the deposit from tenant but then later he couldn't pay his rent properly and had defaults. With his consent letting agent taken out deposit and paid his rent. Now, does that comes under Q.13 - Deposit returned on? or do I need to carefully fill out Q.19 and subsequent 19a, 19b...? Please suggest. Thanks for your time. Just to add I am in the process of Accelerated Possession Order form filling out and submitting to court after Sec 21 served on 20th Sep 2022.

[@thelettingsguru]

HI Siva...in terms of the video, you wont find much on the internet because solicitors charge a forturne to fill these out. Some can be tricky, especially if the evidence is somewhat lacking. In terms of the deposut question, I would just say you receive a deposit and state the date you gave prescribed info to the tenant. The question about returning the deposit really applies where the landlrod has not complied with deposit protection. (because you can return the deposit back to the tenant and then serve a section 21). So it that box, I would put No. (i have not returned deposit). The court form is a little vague in some areas, which makes it hard to understand sometimes.

[@ssprakash2009]

@@thelettingsguru Thanks for a quicker reply, as you mentioned if I say received deposit and not returned the deposit by opting NO, then I have to provide evidence for deposit certificate isn't? However I have taken the deposit out for rent. How do I convey this message in a right way? Sorry to bother you over the weekend.

[@thelettingsguru]

Hi Siva ...yes you have to provide the certificate. I assume it was not protected correctly ... if that is the case then put it was returned on x date. As you may have gathered from the video ...the n5b is normally for simple non ambiguous cases. The judge will just look at the evidence and stamp it through. Where you have some ambiguity and confusion then a court hearing is normally called

[@AmitGupta-yh4el]

@Darrel Kwong Hi Darrel. This is really useful. The tenancy of my tenant started in July 2014 which was done by estate agent. Estate agent is not sure what all documents were served to the tenant 9 years back. Was there a requirement in 2014 to service EPC/Gas certificate or How to rent guide? Also so what should I mention in the N5B form 17A where it asks whether gas certificate was provided before tenant moved in. Tenant moved in July 2014. So shall I say yes/No or write in the form that we are not sure since Estate agent moved them in? Many thanks.

[@thelettingsguru]

Hi Amit... if the tenancy started pre Oct 2015, then legally you are not bound by some of the rules ie gas safety/htr/epc to be given to the tenant for a section 21 to be valid. I would put a covering letter in with the court forms explaining the legal position, and why you have not included these, or dont have the evidence of them being given to the tenant. In terms of 17a, I would just put NO. Its entirely upto you, whether or not you include such evidence (as sometimes its better to include what you have)

[@AmitGupta-yh4el]

@@thelettingsguru many thanks.

[@verginiaodum8344]

Good afternoon Darrel, Please can you help me answer this question: I just realized my 6a form has expired. I have to re-issue the form again but will it now has to be 3 months notice since I have issued before and haven't filled to court, or it's still 2 month notice to the tenant?

[@thelettingsguru]

Still two months ...plus a few days for service...so 2 months 3 days notice is best

[@RentalPosts]

Hi Darrel, Great video. Thank you. Does one need to have a legal representative in order to claim cost of printing etc under "Legal representative's costs". Thanks a lot.

[@thelettingsguru]

Yes sadly ....you can only claim a small percentage of a solicitor cost if you have incurred one

[@Bernadette-tb5ls]

Hi Darrel, this video has been an amazing help. My N5B form has been accepted by the court and copies sent out. How and when will I know if it has been defended?

[@thelettingsguru]

Hi Bernadette .... Thats great to hear that is been very helpful. As a general rule, you should hear within 14 days, although it could be longer if the tenant files their defence late. (courts tend to be flexible with tenants). There is a tear off slip on the covering letter from the court, which you need to sign, and also cross out the lines, which dont apply to you, and then send back to the court, if you have not heard back 14 days from the service date on the letter.

[@Bernadette-tb5ls]

@@thelettingsguru Thanks Darrel, it has progressed nicely and sooner than I expected the Order for Possession was processed with the minimum 14 days given to the tenant to leave - 17th March 2023. As expected, she hasn’t left so I have submitted the Request for Warrant for Eviction(with the fee of £130) to the court - I hand deliver all documents to the court due to frequent Royal Mail delays. When do I pay for the bailiff? I understand that a warrant number will be applied and it will be placed in a queue. Do you have any way of finding out the queue times for bailiffs in the courts and in particular Romford County Court ? Having done so much online research I have to say that your video was the best of all and I hope that it continues to help many others struggling through very uncertain times Regards Bernadette

[@thelettingsguru]

HI Bernie, sorry missed your post above. The £130 is the payment for the bailiff so you dont have to pay again. Sadly the waiting times are long, can be inexcess of 6 months worse case. I have a client waiting almost 7 months. crazy really. I found this email for the bailiff [e-mail]

[@khullarorrell7287]

So helpful - thank you! Can you serve a section 21 notice by email, if you get a confirmation of receipt by the tenant?

[@thelettingsguru]

yes thats fine, if they have confirmed receipt.

[@ibrahimpatel1209]

Hi Darrel. Great video. Just made a pledge on your patreon site. I have a couple of questions. I served the section 21 notice by posting it in the letter box and also sent it by email and Whatsapp. I took a picture of the section 21 notice being put therough the letter box which can show the date. Will a copy of the picture be sufficient? Also the tenancy has been ongoing since 2016, do I need to add all the copies of the tenancy agreements from 2016 or will the latest one, which has now become periodic, be sufficient?

[@thelettingsguru]

On service, you can see another video in her, on notice service and the three absolute methods. You can never say never if you are relying on hand delivery and email only. On the tenancies, you need to include all the tenancies you have created. If you only have one fixed term, and its been periodic ever since, then you only need to provide the one tenancy. However, if youve had 4 renewals, you need to include all of them.

[@ibrahimpatel1209]

@@thelettingsguru Thanks Darrel. Just one follow up questions: I did not provide the How to Rent guide and the EPC certificate untill well after the original tenancy started. But I did provide them these documents 6 months before the Section 21 was served. Will this be okay with the court?

[@thelettingsguru]

@ibrahimpatel1209 you can serve them late so long as b4 section 21

[@user-ge8if5yp6v]

Hi Darrel, thank you for this video, it was really useful. I am currently the administrator for my late siblings estate, which has one flat that is let out. For context, they are the sole landlord on the tenancy agreement and the flat is still part of the estate, there are no plans to move ownership of the flat to any beneficiary, I am going to have the flat vacated and liquidated under the estate. I am trying to understand who to put down as the claimant on the N5B form, as the tenancy is in my late siblings name as the landlord, but I am acting on their behalf as administrator. I'd appreciate any tips you might have on how to handle this situation. Also just to note that on the Section 21 I signed this myself, but it mentions it is on behalf of my late siblings estate. Thank you

[@thelettingsguru]

Hi P ...it would still be your late sibling, as they are legally the owners for the purpose of possession. You can sign on behalf of the claimant as you are managing the estate. On the signing page, just sign as the claimaints legal representative.

[@rangtara-kl1gt]

Hi Darrel Thank you for the video it is very helpful i just have question i have given the tenant a six month contract in November 2017 and have not given any renewals after that and served S21 in October 2022 can i use N5B? and is my S21 still valid? for clarification i have provided gas certificates every year and the how to rent guide was provided at the start of the tenancy Thank you

[@thelettingsguru]

Yes thats fine ... if there is only tenancy and its been running periodic ever since then you would only have one tenancy to attach. You basically have four months from expiry of section 21 to submit the court forms

[@alisonhazlehurst6214]

Hi there this is such a good watch and so helpful. I just have one question the tenancy agreement was dated 2012 and hasn't been renewed just rolling periodic tenancy. We did not give the tenant a How to Rent Guide - will the section 21 notice still be valid as this predates 2015? Thanks

[@thelettingsguru]

HI Alison. Yes, you are right, there is no need to provide a copy of the HTR Guide. However, I would include a covering letter explaining to the court/judge, that your tenancy started in 2012 and was not renewed, so therefore you are not obliged to forward the DeRegulation Act 2015. This means you have not included, the EPC, Gas Safety Record and HTR guides.

[@alisonhazlehurst6214]

@@thelettingsguru I do have the EPC and all the gas safety records which have been given to the tenant - it's just the HTR guide which wasn't served on the tenant. Thanks

[@thelettingsguru]

thats fine, you can include them if you want. The covering letter is important to explain, why you do not have evidence of serving the HTR Guide. Judges are pot luck, so better to clarify the position when you submit the possession claim form

[@alisonhazlehurst6214]

@@thelettingsguru Super thanks for all your help. I have most of the gas safety certs except 2012 and 2019 - the tenant has been in the property 12 years. Not sure whether to just attach the last three - but like you say this isn't a requirement I don't think as tenancy was signed in 2012. Thank you again

[@alisonhazlehurst6214]

@@thelettingsguru I would like to thank you so much for this video I found it super helpful and we managed to get a Possession Order thankfully

[@beanykey]

Hi Darrel, I have just completed a N5B form and have a question with regards to the final page (P19). Do we fill this particular certificate of service in (on this form) or is it to be left for the court? I thought that a N215 certificate of service had to be included for each document ever sent to the tenant (and copy included in with the N5B) and refer to the date at which that document was served to the tenant.

[@thelettingsguru]

answered via Patreon subscription

[@beanykey]

Hi Darrel I paid to watch your N5B video and it was helpful. But how do I now cancel so this doesn't become a recurring payment? Thanks

[@thelettingsguru]

Hi Ben...I think there is a cancel button on patreon ...but if easier I can block it this end

[@thelettingsguru]

i blocked your account now, so that should shoud cancel any future payments.

[@diamoxd1151]

When you dont have titles, ie mr or mrs on the tenancy agreement, would it be wise to now add titles on the N5B form? or would that confuse the judge?

[@thelettingsguru]

I don't think the forms ask for Mr or Mrs... Just actually names only

[@diamoxd1151]

@@thelettingsguru ok thanks

[@martinsmith349]

Hello again Darrel, The application was successful and the court awarded possession. However the tenants still refuse to leave one month after the deadline. What are my options/process that I should follow form this point to get them physically evicted and what is the fee liable to be and can that fee be claimed back from the tenants ? Many thanks Martin

[@thelettingsguru]

County court bailiff... you will need fill out N325 court form .... fee is £130 which you could deduct from deposit

[@martinsmith349]

Many thanks Darrel, one final question - as I dont envisage the tenants getting any of their deposit back due to the damage done to the property when I last saw it, could/should I claim the £130 fee plus the initial £355 fee on section 4. of the N325 form which I assume the Baliffs would be tasked with collecting ?? Is that likely to prolong the eviction process and outcome ?? @@thelettingsguru

[@thelettingsguru]

You could ....but I've never seen a bailiff collect any money or actual tenant possessions at a bailiff meeting ... they are just normally there for possession of the property

[@martinsmith349]

Many thanks again @@thelettingsguru

[@farjadkhan2998]

Hi Darrel, my tenant had prior AST with an estate agent and on that alongside tenant there was another person on the AST. When i took over the management as landlord the AST was for same tenant without the additional person as they had moved out. My question is in terms of attaching tenancy agreements, shall I only attach the ones since the date I took over the management of the property? I don't really have access to the AST between tenants and estate agent.

[@thelettingsguru]

Hello, sadly not a simple one. If you dont have the paperwork for the joint tenancy, you will have to do posssession claim based on the tenancies you have. Obviously, the biggest issue, will be the compliance, because I assume the estate agent will have served it all for the joint tenancy. Did you serve much when it became a sole tenancy?

[@farjadkhan2998]

​@thelettingsguru Hi Darrel, really appreciate you getting back. I served all the relevant paperwork when it became a sole tenancy. I assume in this circumstance I attach the tenancy agreement between me and sole tenant? And still go through section 21 and accelerated route? Also, with regards to gas certificates records in court form, do I only provide these for the years tenant had TA with me or is it worth including gas cert records from the previous joint TA with estate agents? Thank you!

[@thelettingsguru]

legally, you will only be saying there is a sole tenancy, so only include the compliance and evidence required for that tenancy. In theory, you are not even going to admit there was a joint tenancy prevoiusly. Lets hope the tenant does not throw a spanner in the court process by saying they lived there previously under a joint tenancy. Yes, you could serve a section 21 and do accelerated possession, so long as you have all the compliance documents as required.

[@farjadkhan2998]

​@thelettingsguru thanks again for your responses.

[@RentalPosts]

Hi Darrel, I have submitted N5B in court for accelerated possession order. (affter serving Section 21 notice). But, tennant has incurred significant rental arrears and its affecting my finances. As I don't know how long courts will take or even tenant may quietly move out without informing us. My question is, can I launch money claim action against tenants before possession order is issued by court while tenant is still in the property? Thanks 🙏

[@thelettingsguru]

Yes ...you could do money claim online but sadly, that's not quick either

[@nicoladenham9956]

Hi Darrell thank you for your amazing video, it is really helpful,I have a tenant who is refusing to move out as I wish to sell property but she wants social housing so is forcing me to evict her, what I wanted to know is as the tenancy started in 2014 do I need EPC 😊

[@thelettingsguru]

Hi Nciola if it started in 2014, and was not renewed on or after 1st October 2015, then you should be okay. (for section 21 eviction purposes)

[@nicoladenham9956]

@@thelettingsguru thanks for the advice this situation has been a nightmare 😭

[@phantom-editz]

Hi Darrel. Thank you for your help. I have successfully submitted my N5b with help from your video and it has been accepted. The tenant has received papers but now has said they will move out by 20th May if we agree. Can I still carry on with the court process if they have now given a move out date? Should I still send slip back if they give no defence in case they don’t move in 20may?

[@thelettingsguru]

Hi , sadly never trust a tenant when they say they will move, so continue as normal until you get physcially get possession. Yes, always complete the tear off slip, and return, if a defence is not filed within 14 days. It can take quite a long time to get a possession date, so it might be after 20th May 2023.

[@phantom-editz]

Thank you, you have made this process so much easier to understand. God bless you

[@al-heramediauk9120]

Hi Darrel , I noticed that there is a section of 'certificate of service ' as an attachment to the Form N5B . What does this mean? Does it refer to the service of section 21 notice and its proof, which needs to be submitted as certified copy? Please explain a little bit. Ur help will be highly appreciated. Thanks

[@no1cooldog2000]

Nice video, thanks for the sharing it. May I ask how to pay the 355 fee? There is no address or name on the form.

[@thelettingsguru]

Make cheque payable to HM Courts and Tribunal Service

[@dav6395]

Hi Darrel, Thanks so much for very informative video. I need some help desperately pls. I had bought the property with sitting tenant last year who had tenancy agreement expiring on 22/03/23 and refused to sign any agreement with me. I served the section 21 along with section 13 rent increase notice November last year, giving them about 4 months notice. Tenants haven’t left on 22nd March or paid the NEW or old rent on that date. I was going to go for Accelerated court possession order but now not sure if it’s the right route for few things listed below. - Unable to claim rent arrears if the tenant doesn’t pay from now until he leaves. Is there a way of claiming rent arrears separately if going with accelerated court order? - Tenancy agreement is with previous owner, who had used an estate agent and I have no details of the dates when they provided the tenant with documentation such as right to rent etc and exact dates when they protected the deposit. - I was passed the deposit from the estate agent after my purchase of the property eventually and I protected it with DPS within month of receiving it. So what dates would go on the form, when I protected it or when the agent protected it? - I had hand posted the Section 21 along with section 13 and videoed the process with my phone from getting out of my car to posting it through letter box. At the start of the video, I ask google day and time on friends phone which is recorded as evidence when this was posted. I had one of my friends accompanying me although not in the video. So how do I provide this evidence with this form? I would be very grateful if you could offer some advice. Dav

[@thelettingsguru]

sadly you wont be able to use accelerated possesion. I think you will need to go section 8, and the possession claim online, which will also give you a rent arrears claims if successful. Obviously, late deposit compliance could be a counterclaim by the tenant, and not having any paperwork could make things a little more difficult. I would probably consult a solicitor, as there is a hearing requirement under section 8, and if go yourself, the Judge may ask questions, which you cannot answer.

[@dav6395]

@@thelettingsguru Thanks for the reply. I’m trying to avoid going to solicitors but may have to go as a last resort if I can’t figure out next course of action in next couple of days. Section 21 was served 4 months ago and the date to leave has elapsed. I think it would be better to cut my losses with rent arrears (or claim little against deposit) and proceed with court order now. Can I apply for accelerated court order, with letter to the judge explaining why the tenancy agreement is with previous owner? and not having all previous gas safety certificate etc? Or I don’t qualify for accelerated court order at all? With route of section 8, I will have to wait until the tenant has missed 2 months rent and then serve 2 months notice to leave before applying to court for eviction order. By then the tenant would have built large amount of unpaid rent. Thanks for taking time to read this.

[@thelettingsguru]

Sadly, it's not accelerated, but n5 and n119 and court hearing as judge will want to clarify what has happened and why paperwork is missing

[@dav6395]

@@thelettingsguru Thanks, I will try to get some legal advice before proceeding with next move. Just to clarify, N5 and N119 to be used in conjunction with Section 21 pls?

[@thelettingsguru]

Yes, its the same as accelerated, but with a court hearing.

[@DouceursDOr]

Hi Darrel, Your video is brilliant, thanks a lot for that! I am the landlord but the assured shorthold tenancy agreement was made between the letting agent and the tenant. What name should I mention on page 1?

[@thelettingsguru]

Oh No, they put themselves down as the landlord on the tenancy? In theory, they need to be the ones claiming possession not you. What was the agreement between you and the agent? I assume just to manage

[@DouceursDOr]

@@thelettingsguru Thanks for your prompt reply! OMG yes i can read under the letting agent company's name ("the Landlord") on the tenancy agreement. The agreement I have with the Agent is an assured shorthold tenancy agreement. Same format as the one the agent used with the tenant. Do you think the court will accept the claim if it's the agent's company who claim possession ?

[@thelettingsguru]

Can you send me both documents to [e-mail] .. I m not really sure what is going on at the moment, and maybe seeing the tenancies will help

[@CS-mr9pf]

Hi Darrel, Amazing channel, it has got quite popular on forums. Would you please point out potential problems with these circumstances: My copy of the AST is only signed by the tenant. Required documents were given to the tenant at the same time as the S21, in the same envelope. A section 13 was served in the past. Form 6A was used for a S21, but tenancy began Sept 2014. and when you say copies for each party, do yow mean evidence documents as well? Thanks

[@thelettingsguru]

Thanks CS . what forums are you referring to? On the questions: a tenant signature only is fine never put compliance documents in same envelope as section 21..TT could argue section 21 came out first. always serve three days before section 21 section 13 is no issue as rent increase form 6a is required for all section 21 notice irrespective of when it started yes, all the evidence documents need to be included in all copies (hence i mentioned the most time consuming bit is photcopying)

[@CS-mr9pf]

@@thelettingsguru Thanks for your reply Darrel, I found your video posted on the moneysavingexpert forum, but have seen it on other sites as well. Is the whole compliance documents thing relevant if the AST was from 2014? or do I need to re-serve a S21, and is it a S21 and 6a that is needed? Thanks

[@thelettingsguru]

If its from 2014, and no renewal, then the only compliance required, would have been deposit compliance and the prescribed infromation? That needs to be have been served before the section 21 notice? On the other bits like Gas Safety, EPC and HTR guide, that does not apply. You can put a covering letter with the application, saying the tenancy started in 2014, therefore the De Regulation Act 2015 does not apply, and therefore you have not included the evidence. A section 21 form is the Form 6A. To serve a section 21 notice, you must use the Form 6A. It just confuses people as its has two names. (that people like me, might refer to)

[@CS-mr9pf]

@@thelettingsguru The tenant would have received information about deposit compliance from the letting agent in 2014, but because it is 8 yrs ago, there is no record of this. Is the correct action to re-serve?

[@thelettingsguru]

belt and braces yes....reserve deposit prescribed info (and scheme leaflet), then 3 days later serve section 21

[@Marc-em6fv]

Hello there, From the time the tenancy started in 2019. Private Landlords in my borough had to have a license but from 2020 there is no current requirements for Landlords to be licensed. should I still attach a copy of certificate document to show that it was even though the question ask ‘is the property required to be licensed etc’? It’s not an HMO property. Thank you. Helpful video by the way

[@thelettingsguru]

Hi Marc I don't think its required because when you served the section 21 ... there was no licensing in force

[@Marc-em6fv]

Thank you very much. Very helpful

[@janerichards9050]

Thank you for a great video, I was struggling to find any sort of guidance for completing the form. We’re trying to sell our property and the tenant will not leave, so we’re asking the court for accelerated possession. Question 19 b asks if a holding deposit was paid on or after 2019. Our tenant started renting in 2018. How should I answer this question please? And her deposit is in a deposit scheme , so do I include the certificate anyway even though it’s not after 2019? Many thanks in advance.

[@janerichards9050]

I meant to say that it’s her tenancy deposit that is held in a deposit scheme.

[@thelettingsguru]

@@janerichards9050 Hi Jane, Put NO to 19B, but you will need to include the deposit protection certifcate as part of your evidence, which will be marked E (in your exhibits)

[@janerichards9050]

@@thelettingsguru thank you for your time and making the video available. Greatly appreciated.

[@thelettingsguru]

Please consider a small donation to my justgiving.com page if you found it helpful

[@fighters531]

Hi Darrel, great series of info videos. Re N5b I can not get my head round Q 17C. My property is a standard 2 bed unit, boiler in the kitchen, single named tenant in full occupancy, gas certs supplied. How do I answer? Please.

[@thelettingsguru]

HI Alan..Just put Yes. Its a confusing question, which is related to single room rents rather than normal normal family lets.

[@fighters531]

@@thelettingsguru Thanks. Now going to post office.

[@djss822]

Thanks for the great vid, Darrel! I have noticed that the name of the tenant is misspelled on the tenancy agreement (not the same as his passport). Which name do I put on the form and could this be an issue? Also, as s21 notice doesn't allow me to claim for rent arrears, what else can I do to try and recover any possible arrears/costs if tenant stops paying? Many thanks.

[@thelettingsguru]

HI DJ ...as a general rule, I would put the same name as per tenancy,. In term of rent arrears, I would put the correct spelling via money claim online www.gov.uk/government/publications/money-claim-online-user-guide

[@djss822]

@@thelettingsguru Thank you, Darrel. Best channel out there!

[@thelettingsguru]

any donations greatly received on my justgiving page (if you found it saved you any legal costs)

[@djss822]

@@thelettingsguru sure Darrel, what's the link for donations? One other question if I may. If I didn't protect a deposit, I'm aware that I can serve a valid s21 by first returning it to the tenant. Is it also valid to enter into a new 12-month tenancy (at the end of the original contract) and protect within one month of the new tenancy?

[@thelettingsguru]

Good question, I think you could do that, although if raised by a judge you would need to explain your legal reasonsing. IMHO, its been received again, when a new tenancy has been created, so you have 30 days to protect. Link for donation is here www.justgiving.com/page/darrel-kwong-1676906100298

[@MrGarry128]

Hi Darrel, Two questioins please? 1. If claimant is residing abroad, do they have ti give a UK address for themself? 2. Can spouse sign and submit the N5B form on behalf of claimant if the claimant is residing abroad? Thanks

[@thelettingsguru]

Hi Garry, you need to include your actual address under the claimaint, but there is a space at the end of the form, to include an address for the court to commuicate with, so you can add a UK address there. Sadly, the form needs to be signed by you. In theory, you could do an electronic signature.

[@MrGarry128]

Thank You 🙏🏼

[@sandyturner7391]

One last question please, if I may... Do I submit the original DPS Certificate in 2014 or the most recent one, ie as I renew the deposit annually?

[@thelettingsguru]

Just the original is fine. If they want more, they will likely ask. Sadly, there are lots of questions that should be asked missing from the form,

[@rogerjohnson7488]

Hi Darrel, can I run a question past you please. I have served a section 21 notice to the tenant. I gave the tenant a valid gas certificate and a electrical cert after I served the notice. Would the judge be inclined to throw this out because I gave them after.

[@thelettingsguru]

H Roger ...potentially on the gas safety, as it was given after the section 21 (although I think someone would need to raise a defence on the point, which is unlikely) . The EICR is not relevant to a section 21, so you are safe on that one.

[@rogerjohnson7488]

@@thelettingsguru Thanks again Darrel. 🙂

[@TonyAsh-rp6fp]

Can you please tell us the difference between Standard possession and accelerated possession? Also what is the difference between FORM N5 and N5B? What if a landlord rent property privately through gumtree or facebook. And there are EPC certificates served. Please make a video on them if you have time. No agencies involvement.

[@thelettingsguru]

Hi Tony, an N5B is for accelearetd possession, where you are serving a section 21 wiht all the rewuired evicence and the tenant and landlord have remained the same from day one. N5 is used for breaches of tenancy i.e section 8 and where you have used a section 21 but maybe there are some ambiguities. There is generally NO court hearing under a N5B but there is under a N5.

[@kirstygreenwood1655]

Hi a quick question in regards to gas safety certificate, what if the tenant has been in the property for 7 years and the tenant has only been given the up to date gas safety certificate and only 3/7 gas check have be done within the 7 year? And have no certificate to prove a gas safety was done before the tenant started their tenancy

[@thelettingsguru]

Hi Kirsty, sadly this could be a huge issue. In a strict legal sense, if either the judge or the defence solicitor noties, its likely it will be dismissed and you can never use a section 21. The only other option is a section 8 for breach of the tenancy, if indeed the tenant has breached it.

[@kirstygreenwood1655]

@@thelettingsguru thank you for your reply

[@WH-fy9ni]

I’m trying to join your 4.5/month group but it’s sold out. Can you release some more tickets please

[@thelettingsguru]

If you need to watch the full video, you will need to subscribe to the full membership

[@krishnasharma-io8sx]

I am looking for someone who can assist me in fill out an N5B claim for possession of a property form. Could you please let me know if anyone can assist me ? I willing to pay for your assistance fee.

[@krishnasharma-io8sx]

Please let me know your cost to complete 20 pages of N5B form.

[@thelettingsguru]

I emailed you

[@miguelcarvajal3426]

Hi Darrel , I’ve just wanted to ask you something very quickly. I want to apply for a N5B on my flat however i did not charge the tenant a deposit as they did not had the money for it . Can i still serve the notice? Thank you so much

[@thelettingsguru]

Yes you can!

[@Morning_Rays]

Hi Darrel, Which form can we use for claiming rent arrears after submitting N5B form for accelerated possession? Thanks 🙏🏼

[@thelettingsguru]

for rent arrears, you might be better going section 8 , then do the online possession claim called www.possessionclaim.gov.uk/pcol/ Is there a reason you have done section 21 only? You can get possession than chase rent arrears after, and that can be done via www.moneyclaim.gov.uk/web/mcol/welcome

[@Morning_Rays]

@@thelettingsguru Hi Darrel, Tenants always delayed rents and stopped paying altogether after section 21 was served. So I applied for accelerated possession in order to get the property back as soon as possible and later sort out the arrears. They are still in the property and not paying. N5B is submmited to the court.

[@tavibirsan848]

Hi. What if I do not have a written "Tenancy agreement"( just a verbal one), but I serve them "How to rent", EPC and S21, can I go for N5B form? Thank you.

[@thelettingsguru]

HI Tavi sadly not, you have to go via the N5 and N119 route, whch means a court hearing. You can download the relevant forms here N5 www.gov.uk/government/publications/form-n5-claim-form-for-possession-of-property and N119 www.gov.uk/government/publications/form-n119-particulars-of-claim-for-possession

[@simonpainter9626]

Where do i find the rest of this video please

[@thelettingsguru]

Hi simon ...it's on my patreon channel now. You can find link in video description

[@ahmedmaysani2519]

can you load the full Video please

[@thelettingsguru]

How to access the full video can be found in the description above

[@nicoladenham9956]

Hi again,do I need to make copies of the document for myself or does the court send copies to tenants

[@thelettingsguru]

One copy of everything for each tenant landlord and the court ...sadly alot of photocopies

[@zeea6507]

Hi Darrel, Do you know which route one can take if a flat is leased to Mears. Lease ended April 2022 and quit notice issued but they have still not left and paying 50% below market rate amount agreed since 2016.

[@thelettingsguru]

You can use N5 and N119 as its still residential property. You may have to issue the NTQ again, as i assume you have accepted rent from Mears. I assume they are quite big, so why are they refusing to return the property?

[@zeea6507]

​@@thelettingsguruthey have returned it 1 year after lease ended thanks

[@tkirk-lr2he]

Hi, thanks so much for your brilliant video. I have realised that my tenant offered to pay (and did pay) £40 for a missed appointment a few years back which I had no idea was illegal. Should I pay her back before issuing the Section 21?

[@thelettingsguru]

Do you have a good relationship with this tenant? If not, and you think she may seek legal advice, then for belt and braces, I would pay the money back. The serve the section 21.

[@tkirk-lr2he]

Hi, yes, I do have a good relationship with her, but unfortunately I do not trust her. Therefore, I think the safest thing is to pay the money back. Thank you!

[@thelettingsguru]

Just get evidence of refund

[@ima4774]

Hi darrel how long does it take for the court to phone and take a payment as I’ve sent forms and haven’t heard anything?

[@thelettingsguru]

each court is different sadly. some do it within a week and some take three months. (especially london courts). You can try and phone them, and chase up, but you spend hours waiting on the phone

[@ima4774]

Thanks darrel, the 14 days have passed and do I have to ask the court for possession or tear the slip at the bottom and send it to the court or just wait ?

[@thelettingsguru]

You got the court letter? If so ...fill out the tear off slip and cross out the irrelevant lines and then send to the court

[@ima4774]

Thanks darrel very helpful appreciate it

[@scottchegg7395]

Is the court fee standard? My court is St Helens in case it's specific

[@thelettingsguru]

Yes...all courts in England and Wales

[@VishalMorjariaAuthor]

Hi, if i stored my deposit 2 months after the tenant moved in is it guaranteed my S21 is invalid and will the court not consider my N5B court order? I was advised it should be ok? I'm keeping my fingers crossed I can still go through with it🤞

[@thelettingsguru]

Hi Vishal From my experience the section 21 is not valid and any subsequent court hearing would be dimissed. It may get through if no one notices and the Judge just waves it through. For me, deposit compliance is the first thing I look at, if I am helping a tenant friend, because I know lots of landlords get it wrong.

[@VishalMorjariaAuthor]

@@thelettingsguru true, I made a genuine mistake and popped it in 2 months after she moved in! She's been such a hassle and headache and I realise she's got a bad record and won't get housing anywhere else and is digging her heals in. I offered her money and a reference, I tried to help her as she caused so many issues for me and tenants. I just want to get her out as fast as possible. Fingers crossed it works out. WOW! 200+ pages I sent with the N5B form. Hopefully it works out.

[@thelettingsguru]

@@VishalMorjariaAuthor Good luck Sir. Please let me know how you get on [e-mail]

[@LEKABYLE-ob8pf]

HI DARREL , I hope you well , I have followed your method step by step , to fill the form N5B with all necessary documents required submitted!! surprised the court send it back asking 3 copies of each documents and asking for a check payments , did that , then i received a letter from the court :SAYING I enclosed copy of the defendant's defence and look forward to receiving a completed request for possession if appropriate we await your further instruction , NO ONE ANSWER THE CALLS OR REPLY TO EMAILS , completely lost and hopeless , please help many thanks

[@thelettingsguru]

Sadly each court is different in how they work, so its not easy to say. From what you said, they should be sending it to the Judge for a decision. They may call a hearing, or they may just give possession. It just depends on the Judge. What was the defence?

[@LEKABYLE-ob8pf]

@@thelettingsguru actually the defence agreed to move and admitted they are at fault they said they will move a soon they find a place to live it has been already 5 month since section 21 expired and i submitted for possession , is there any other form to fill in ?i am planning to do all over again , what do u think , many thanks

[@thelettingsguru]

No, dont do again, they have a possession claim already. I dont really understand the defence, as its not really saying you cannot have possession. Sadly, I would go to the court, and speak to them face to face. The whole process can be a ball ache, depending on the court. Which court is it?

[@LEKABYLE-ob8pf]

@@thelettingsguru barnet county court ,do you know any solicitors that you could recommend and how much cost if you know thanks

[@thelettingsguru]

I have been there a few times, normally quiet efficient. In the first instances, I would definitely go there and see what the hold up is. Normally, after you receive a copy of the defence, it might take a few weeks to get put in front of a judge? Have you signed and sent off the tear off slip, on the first court letter you received? (it would normally say the courts have sent the documents to the tenant, and if you dont hear back within 14 days, then sign and return the tear off slip?) Atm I dont think you need a solictor. You just need to work out, what is happening withe the claim.

[@alisonhazlehurst6214]

Can you leave 17c blank if not applicable?

[@thelettingsguru]

HI alison, just tick YES. Its not really relevant if you are letting a family home, but leavign it blank may just create a problem.

[@Viewer765]

What do you answer question 8 tenancy that ended and go on rolling periodic tenancy

[@thelettingsguru]

No ...if it only goes periodic

[@thelettingsguru]

28th

[@thelettingsguru]

Lol ...its landlord

[@thelettingsguru]

Put no deposit ...as its monetary only

[@thelettingsguru]

Yes ...everything is copied in full for each tenant landlord and court

[@Sirob777]

Hi Darrel, Great video. My tenant is on a rolling AST and is 4 months in arrears, his mother has been living with him, but is not on the tenancy agreement. A s21 was served. I been informed that he has now left the house but his mother remains. As the s21 has expired I am filling out an NB5 form. Do I need to mention this situation on the form anywhere? N5B Court Form Completion 0:18 / 52:17 N5B Court Form Completion Darrel Kwong 193 subscribers Subscribed 38 Share Download Clip 1.3K views 9 months ago How to complete a section 21 notice court form after expiry. 18 Comments Commenting as Daniel Addis @user-mk6yn5qq8q

[@thelettingsguru]

HI Daniel. The tenant, is still the tenant, even though they are not living there. The N5B forms is only asking about the tenant. If and when you get to the baliff process, then you would explain then, its actually the mother living there not the tenant (they now ask for a description and or photo, if you have one).

[@MrDiyadidi]

Thanks Darrel very helpful. Quick question if I gave the property to an agent to sublet it and he wrote his company as a landlord in the tenancy agreement do I put my name as a landlord or what ever is on the tenancy agreement?

[@thelettingsguru]

If you are not the landlord for the tenancy...you cannot start a possession claim. Not 100% sure on your set up with agebt but you may need to seek professional legal advice

[@MrDiyadidi]

@@thelettingsguru I'm the Landlord of the property. I own the property but the pervious agency put their name as a landlord would that be an issue? I have an agreement with them tho

[@thelettingsguru]

Sadly yes .... im not sure whether its a rent to rent set up...but if agents name is on tenancy as landlord ....then they are the ones who need to start proceedings... if its more complicated than that you might need a solicitor