County court for possession claim – Section 21?
3 years ago | 27 comments
Section 21 – essential documents?
9:19 AM, 9th May 2023, 3 years ago
9
Hello, a simple question hopefully! I have issued an S21 to my tenant and expect to have to apply for possession on form N5B. (Accelerated possession)
I believe that the N5B MUST be sent with:
1. Tenancy Agreement
2. The S21 notice (and proof of service)
3. TDS proof
4. Property licence from council
My question: Is that ALL the documentation I need to send to fulfil my duties as a LL and comply with S21/court regulations and rules?
My initial concern is submitting the correct documentation and not screwing up over a ‘technicality’
Thank you,
Tony
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3 years ago | 21 comments
Member Since March 2023 - Comments: 1506
11:04 AM, 9th May 2023, About 3 years ago
Think a gas safety certificate if applicable is required and copy of the EPC
Member Since August 2022 - Comments: 100
11:16 AM, 9th May 2023, About 3 years ago
All Gas Safe certficates since the start of the tenancy
And How to Rent Guide.
If you download Form N5B, the list of required documents and how each one should be labelled is on there.
Good luck!
Member Since February 2018 - Comments: 627
12:04 PM, 9th May 2023, About 3 years ago
and the EICR
Member Since February 2023 - Comments: 39
12:46 PM, 9th May 2023, About 3 years ago
Reply to the comment left by Markella Mikkelsen at 09/05/2023 – 11:16
I didn’t know the forms were listed. Thanks
Member Since February 2021 - Comments: 24
1:18 PM, 9th May 2023, About 3 years ago
Our experience of the accelerated route also included providing evidence that there was a documented route from a 2006 AST to the present landlords to show that the names identified were all valid. This has included papers for LPoA (deputies of court route), Will, Deed of Variation, Assent as well as all S48s.
The property was my Aunts that passed to my Father and then to myself. We don’t have an EPC or EICR as the tenant won’t let us in to have them undertaken however the EPC is not required in this instance as the AST started before the MEES regs came into force. A point that I had to draw the judges attention to as my S21 was about to be thrown out. The case started April ‘22, the adjourned hearing will be June ‘23 …..
Member Since April 2020 - Comments: 7
1:22 PM, 9th May 2023, About 3 years ago
Apart from the documentation and certificates that are required to be provided at the start of the tenancy, is there a requirement to meet the tenants (at least once) and visit the property for inspection checks for section 21?
The reference and credit checks can be done online and most checks can be remote so not sure if it’s a requirement in case of self management of the tenancy ?
Comments: 1
7:33 PM, 9th May 2023, About 3 years ago
Reply to the comment left by Derek STOBBS at 09/05/2023 – 11:04
I just issued letter from court after 2 months regarding Section 21
Documents I submitted to my solicitor is
Tenancy agreement
Tds certificate
Gas certificate
Electric certificate
Epc
Right to rent proof
Regarding the certificates it should be done before s21 is issued then its valid other wise judge will dismiss the case .
Member Since September 2022 - Comments: 5
10:43 PM, 9th May 2023, About 3 years ago
I have just started the process with form N5B accelerated procedure. I filled in the whole form and collected all the extra forms I needed to add and labelled all A to H as required, then decided the safest way to go is with a solicitor as something as simple as missing out Mr or Mrs can cause the form to be thrown out . Nearly £1000 for the solicitor, if everything goes smoothly!
Member Since March 2023 - Comments: 1506
8:19 AM, 10th May 2023, About 3 years ago
Not to put a dampner on it but after all that, they can still contest the s21 in court as is their right. Good friendly tenants can turn into real b*stards if they can’t find anywhere else to live and the council wont rehouse them.