Getting Possession when theres been a change of landlord
9:09 AM, 3rd February 2016, 10 years ago
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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.
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
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Member Since July 2013 - Comments: 135
10:54 AM, 4th February 2016, About 10 years ago
I have recently brought a flat with tenant in situ, she has been there 6 years (without rent increase) and does not want to move.
I notified her by letter before the purchase that I would be the new landlord, and if she wanted to stay on as my tenant (same rent) to sign a copy of my letter and return to me, or her LL would have to serve an eviction notice, she was happy to sign and return.
I sent her another letter a week before completion with a sec 48. The letter once again stated that if she was happy to stay on as my tenant, under the same T&C, and rent) as her existing AST (although now on a periodic), to sign the letter (containing my details, address, phone numbers, email) and a copy or the S48 that was attached, and return to me. She did this.
The letter also gave my banking details for her DD should be changed from her old landlord, and that the deposit made 6 years ago would remain in force.
Although I can see no problems I still have to contact the DPC about the deposit (taken and protected by a letting agent) to see if my name has to be added, or if new reams of paperwork has to be sent to her.
Completion was on 29/01/2016, so cant see that new laws will affect the tenancy.
Charles may be able to clear this point for others in the same situation.
Member Since November 2013 - Comments: 149
11:03 AM, 4th February 2016, About 10 years ago
Reply to the comment left by “Recardo Knights” at “04/02/2016 – 10:54“:
well this is my point… if you then at some point in the future need to get possession and they are still there when the section 21 expires you cant seem to go the accelerated possesion route (N5b)
Member Since November 2013 - Comments: 149
1:07 PM, 21st March 2016, About 10 years ago
well, we went to court today and got possession…. the twist in the tail was that the ‘tenant’ turned up but i discovered that she wasnt really who i thought she was and a friend had ‘helped her’ to get a house…… was really worried but judge just gave possession as notices had been done correctly.
Member Since April 2023 - Comments: 2
1:06 PM, 21st April 2023, About 3 years ago
For the N5B form Question 6 –
‘On what date was the property let to the Defendant by way of a written tenancy agreement?’
I am not sure if I should use the date from the previous landlord’s AST in 2015, or the new landlord’s AST in 2022?
The property was sold with tenant in-situ in 2022 to the new landlord, and a new AST with a new rent was signed.
The deposit certificate of the current landlord states that the tenancy started in 18/03/2022, so it should match the date given in question 6?