Form N5B: Proof of notice and How to Rent Guide?

Form N5B: Proof of notice and How to Rent Guide?

9:51 AM, 17th November 2021, About 2 years ago 5

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Hi, I am completing the N5B form for an accelerated possession order. Question 10a asks about how the Section 21 Notice was served on the tenant.

I had previously sent the tenant the Section 21 Notice (Form 6A) by email as an attachment, as my AST contract says that any notices can be sent via email as an alternative to post. So my question is will this be accepted by the Court?

Question 10e does say that the copy of the notice needs to be attached as ‘B’ and that a proof of service may be included as attachment ‘B1’. So am I right to assume my email to the tenant which was sent to inform them of the Section 21 Notice can be used as a proof of service, attachment B1?

Question 18A of Form N5B regarding the provision of the How to Rent Guide to the tenant, does this 13-page document need to be printed off and sent with the other attachments for the submission of Form N5B to the Court?

I am not totally sure if this needs to be included or not. I did provide my tenant with a hard copy of this document when they started the lease.

Thanks

Chris

Click here for form N5B


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Comments

Tessa Shepperson

11:09 AM, 17th November 2021, About 2 years ago

You need to be careful about serving documents electronically as you need to have the recipients consent in writing. See here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06a#4.1

Note that we have a step by step guide to bringing claims for possession as part of our Landlord Law service https://landlordlaw.co.uk/join-landlord-law/

MarkT

11:09 AM, 17th November 2021, About 2 years ago

Chris

Yes the N5B form can be a beast to get right! Have done a fair few over the years. Yes email is acceptable and needs to be included but also fill in a form N215 Certificate of service - as this gives more information on what is allowed and allows you to certify you sent it - also did your tenant acknowledge the email - if so include that. And yes you need to print off and send everything . ie EPC. Gas Certs, Deposit Certs, the AST, How to rent guide etc - and you need to send 3 copies . I also alway include a letter detailing the situation so if it goes to a hearing , the judge has all the facts on one letter good luck

Mick Roberts

13:50 PM, 17th November 2021, About 2 years ago

And all this does, these constant obstacles Govt keep making Landlords work around, is give the current tenant a reprieve, but makes it much harder for the next 1000 tenants to secure accommodation as Landlord thinks Gees that was hard work, I ain't taking a chance on anyone next time less than perfect.
Come on, Mr Judge says to me Mick u haven't gave the tenant proof of boiler certificate 5 years ago.
Yes no problem Judge, I've had new boiler in since then, so irrelevant.
Aah No Mick, not the case, that bad tenant u got there, he's staying there another year longer cause no boiler certificate proof. Dun't matter he's had shiny new boiler, retrospective anti Landlord rules are rules.
Ok Judge, u watch homeless spiral now, along with extortionate rents. And u wonder why.
Aah feel better I got that off me chest.

LaLo

16:02 PM, 17th November 2021, About 2 years ago

Hi Mick. You are so so right. I'm now very careful who I let to. I had one tenant apply and when the ref's were done it turned out he'd voluntary dissolved his business which can open a whole can of worms! Never a mention when applying!

dolly day dream

12:53 PM, 14th April 2023, About A year ago

Reply to the comment left by Mick Roberts at 17/11/2021 - 13:50
completely agree, i am selling up do to overregulation, cant wait to be honest

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