Filling out Form N5B Accelerated Possession Order for evicting tenant?

Filling out Form N5B Accelerated Possession Order for evicting tenant?

8:53 AM, 9th November 2021, About 3 weeks ago 5

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Hi, I have a question about filling out form N5B specifically on Question 6 and 7:

6. On what date was the property let to the Defendant by way of a written tenancy agreement?
The written tenancy agreement I have with my tenants is an AST which commenced on 10 November 2020. So I will put this date in here?

7. The tenancy agreement is dated?
The AST was made on the 28 October 2020 as per the date on the AST document, therefore is this date OK to put down here?

Click here for form N5B

Many thanks

Chris



Comments

by Suresh Parikh

10:17 AM, 9th November 2021, About 3 weeks ago

Hi
My understanding of the law is that you cannot have an agreement to agree.

by Housing Law

15:32 PM, 9th November 2021, About 3 weeks ago

Hi Chris

Q.6 The answer is the date the tenancy actually began not the date you entered into the agreement for the tenancy so you are correct - the date should be 10 November 2020

Q.7 This is the date the tenancy agreement was completed - the tenancy agreement is completed on the date the last party signed it. Usually the agreement is dated and signed by both parties at the same time but sometimes one of the parties may sign on a later date. If both parties signed on 28 October 2020, that is the correct date.

A tenancy agreement is an agreement by the landlord to convey an interest in land to a tenant from a specific date. It does not have to be dated on the same day the interest actually passes to the tenant. For any tenancy up to and including a period of 3 years (but not more), the tenancy agreement does not even have to be in writing but can simply be "by parol" i.e. made verbally (Law of Property Act 1925 s. 54(2)). The principal reasons people enter into written agreements is for clarity as to what has been agreed and, in the case of AST's, so that you can use the accelerated procedure.

by Suresh Parikh

18:24 PM, 9th November 2021, About 3 weeks ago

It will then be a matter of interpretation and which side of the bed the judge got out of.
We are talking of a written AST and not a verbal tenancy.
It is not just an agreement by the Landlord. There is also the Tenant.
The general principle is: either you agree or you do not agree.
You cannot agree to do something in the future.
It is uncertain and unenforceable.
Let us first look at the evidence, which is the written document and its date.
Parties can sign in escrow, and make sure both parts have the same date.
We now have the evidence of the agreement.
The Agreement should grant the tenancy from the date which is the evidence of the Agreement which is both signed and dated.

by Chris Chambers

6:30 AM, 10th November 2021, About 3 weeks ago

Thanks for the replies.
So yes basically I can fill in Question 6 correctly as that was the date that the lease was starting for the tenant as per the terms of the AST.
The written AST I have with the tenant was drawn up by another party on the date of 28 October 2020 so 13 days before the start of the lease on November 10 2020. Now the tenant and myself signed the AST on the November 11 2020 which is shown on the AST. Therefore what date do you think I should put for answering Question 7?

by Housing Law

10:15 AM, 10th November 2021, About 3 weeks ago

Hi Chris

The date you insert is the date you both signed the agreement on 11 November 2020. A tenancy agreement can post-date the start of the tenancy - it is not uncommon.

I wish you luck...


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