Getting Possession when theres been a change of landlord

by Readers Question

9:09 AM, 3rd February 2016
About 3 years ago

Getting Possession when theres been a change of landlord

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Getting Possession when theres been a change of landlord

I have a situation where I need to get possession of a property, but it was sold to another landlord during the tenancy. At the time it got sold it was running periodic, a section 48 was issued to advise of this.forms

I assumed a form N5B could be used but I’m being told it has to be a form N5 along with form N119, does this sound right?

Many thanks

Mark



Comments

Charles King - Barrister-At-Law

15:15 PM, 3rd February 2016
About 3 years ago

Hi Mark, great question. The wording of the N5B certainly doesn't lend itself to your situation (see paragraphh 2 of the form) - if you tried it you would have to manually amend the wording of the form, which the court probably wouldn't like. You would probably end up with a hearing being listed anyway, and time being wasted. In which case you may as well do an N5 and N119 - and yes, that does sound right. It would be different if you had granted the tenant a new tenancy in your own name when you had bought the place, but hindsight is a marvellous thing.

Mark Lynham

15:34 PM, 3rd February 2016
About 3 years ago

thanks Charles. Previously i have just issued a Section 48 where there has been a change of ownership/landlord, but im now wondering whether a new AST would be the better/safer option.

Chris Byways

17:08 PM, 3rd February 2016
About 3 years ago

Can someone advise the correct procedure when there is a change of landlord please?

If it was not done immediately, can those steps be taken subsequently?

Charles King - Barrister-At-Law

17:53 PM, 3rd February 2016
About 3 years ago

Hi Chris. The new landlord automatically steps into the shoes of the old landlord thanks to sections 141 and 142 of the Law of Property Act 1925. BUT the new landlord needs to give the tenant notice of his/her name and address - which must be in England or Wales. That is because of section 48 of the Landlord and Tenant Act 1987. Unless a section 48 notice has been served on the tenant NO RENT IS DUE for any purposes, including for bringing court proceedings for arrears, or possession based on arrears. So beware if bringing proceedings based on section 8 HA 1988, or if you are a landlord who lives abroad. The situation can be rectified retrospectively: if you have not served a s.48 notice you can do so whenever, and the rent, including back rent, becomes due again. Hope this helps.

Chris Byways

18:55 PM, 3rd February 2016
About 3 years ago

Thank you Charles for confirming. I did this by letter, not a form, so all covered.

I also modified the ASTs in manuscript making them aware of the new address, which they initiated, at the same time as inviting them out for a meal. (Got us off to a good start).

Is see NLA form is on http://www.landlords.org.uk/sites/default/files/8P%20Section%2048%20Notice.pdf

Charles King - Barrister-At-Law

20:02 PM, 3rd February 2016
About 3 years ago

That should do the trick, although the NLA form is more detailed than is strictly necessary. I hope they paid for the meal!

Chris Byways

21:14 PM, 3rd February 2016
About 3 years ago

No, what's worse I think I forgot to claim it as a business expense, wholly and necessarily.....

Mark Lynham

9:10 AM, 4th February 2016
About 3 years ago

So, just to be clear, if a Section 48 is issued when theres a new owner, the N5 N119 is the route to go?... obviously N5b is a lot easier so would doing a fresh AST in future be the way forward for new landlords as im guessing that would slot easier into section 4 b of the N5b?

Charles King - Barrister-At-Law

9:38 AM, 4th February 2016
About 3 years ago

Reply to the comment left by "Mark Lynham" at "04/02/2016 - 09:10":

The court procedures (Part 55 of the Civil Procedure Rules) do not specify which form to use where there is a new landlord who 'inherits' an existing tenant/tenancy, but yes, the N5/N119 is better suited than the accelerated procedure. You may get away with using the N5B but would have to change it (e.g. Para 2 'claimant' to 'claimant's predecessor in title' which is a bit messy). Para 4b actually relates to the statutory regime in force at various times so may not be so relevant. In short the answer to your question is 'yes', but this is not a scenario which occurred to the drafter of that particularly horrible form!

Mark Lynham

10:04 AM, 4th February 2016
About 3 years ago

Many thanks Charles, i think from now on a new AST will be done then as just going through the N119, the N5b seems a lot easier 🙂
can i also assume that i will have to attend a hearing with the landlord with copies of tenancies, section 48, section 21 etc as the form doesnt seem to actually ask for anything...

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