N5B – Q6 Tenant was in there prior to my AST with them?

N5B – Q6 Tenant was in there prior to my AST with them?

10:34 AM, 20th February 2023, About A year ago 6

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Hello, let me explain the situation, I am wanting to evict a tenant via the accelerated possession method using the N5B form. On question 6) it states: On what date was the property let to the defendant by the way of a written tenancy agreement.?

History: I purchased the property 10 years ago and I leased it to an estate agent on 3 year guaranteed rent scheme. They guaranteed me the rent and the agent had an AST directly between themselves and the tenant. When the 3 year lease expired I decided to keep the tenant and did an AST between myself and the tenant direct, so at that point the tenant became my tenant for the 1st time even though they had lived in the property for years prior.

In relation to the above question, do I put the date that I had an agreement with the tenant or the date that the tenant moved in via an AST with the estate agent?

If it’s the date the tenant first moved in, I do not have those AST’s as it was between the agent and tenant. Is that even relevant in this case?

Thanks,

Taz


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Comments

Graham Bowcock

11:19 AM, 20th February 2023, About A year ago

Go and see a lawyer!

The chances are the date the tenant first moved in is the relevant date - the tenant won't necessarily differentiate between the change in landlord - however, the devil will be in the detail of the documentation and you need to get it right.

Reluctant Landlord

12:29 PM, 20th February 2023, About A year ago

My first reaction would be that it would be they date he/she signed up with you directly.

The S21 you must have issued will have your name on it as seeking possession so you can only do this surely if any agreement is between you and the tenant now or the S21 would not be valid anyway.

I am sure there is space in the accelerated form (if I remember) where it states if there was a previous AST/contract and you can give details here?

The only thing the accelerated process relates to is the current AST as that is what the current S21 is based on surely?

Judith Wordsworth

17:13 PM, 20th February 2023, About A year ago

I would say the date the tenant signed the AST with you.

You signed an agreement with the letting agent who then sublet the property with an AST. AT the time the agent was not acting as your "servant"

LaLo

17:26 PM, 20th February 2023, About A year ago

Serve two S21s with both dates - then your covered!

Julesgflawyer

8:06 AM, 22nd February 2023, About A year ago

The court is trying to work out whether the current tenancy agreement is, properly, an AST. If the tenant occupied under earlier agreements (the sub-tenancies) that were NOT effective as ASTS then the chances are that the agreement with you won't be an AST, unless your tenant expressly agred to give up the security they already had as at the point you set up your agreement. That's why details of the older tenancy agreements are relevant and why your answer should relate to the earliest of the prior tenancy agreements. You'll be asked whether the previous agreements were ASTS, thats a different question from asking whether there were any valid s21 notices served in respect of them.
I would suggest you speak to the letting agents to get full details of the tenancy agreements they set up with the (sub) tenant.

r y

11:17 AM, 24th April 2023, About 11 months ago

Just wondering if there have been any updates on this? I also have the same question whether I should put down the date from the previous landlord's AST, or the new AST signed between me and the tenant, as I purchased the property with tenant in-situ.

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