Still working on the new claim form N5B – give me strength?

Still working on the new claim form N5B – give me strength?

by Readers Question

Guest Author

10:27 AM, 10th June 2020, About 4 years ago 14

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Okay so we are working through the new extended claim form for possession of property (tenant wants to be evicted…… so she can get her council house). Doing very well, but stumped at Question 14 which appears initially to be a very simple question:

Has the claimant given the defendant, and to anyone who paid the deposit on behalf of the defendant, the prescribed information?

Then there is a box for you to write the date in I assume they mean when she first went into the property 2014 or the last time we had a written renewal 2018 or when it went periodic 2019.

Unfortunately unlike the old claim form there are no guidance notes anywhere.

Click here to download form N5B

Many thanks

Gemma


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Comments

Kate Mellor

11:48 AM, 22nd June 2020, About 4 years ago

Reply to the comment left by Geoff at 21/06/2020 - 20:12
Hi Geoff,

I've emailed my local county court enquiries email address and asked the question for you. I seem to recall that they can give advice on form completion, but I'm not 100% certain. If and when I get a reply I will post it here for you.

Personally in your position, if I was unable to get a satisfactory answer on this, I would simply enter the first date served and then submit copies of all three versions headed: 'H', 'H1', & 'H2'. I would also write across the top 'Date Served to Tenant: XX/XX/XX'.

I don't think the answer to this question is a deal breaker. As long as the information is provided for the court to see that you have complied with the relevant regulation they will be satisfied. But, that is just my opinion and how I personally would proceed.

Geoff

15:19 PM, 22nd June 2020, About 4 years ago

Reply to the comment left by Kate Mellor at 22/06/2020 - 11:48
That’s really great Kate , I really appreciate you taking the time and trouble to do this.

Gemma

23:36 PM, 22nd June 2020, About 4 years ago

I’d also like to say thank you Kate. Fingers crossed you find the answer. I am surprised no one in the legal game has commented, is this because you are keeping it a secret so we are forced into payIng you for the answer !.

Kate Mellor

9:19 AM, 23rd June 2020, About 4 years ago

Reply to the comment left by Gemma at 22/06/2020 - 23:36
I suspect this is just one of those govt balls-ups that don't actually have an answer. This is a new version of the form which was recently snuck out with no fanfare at all. The previous version didn't ask about the govt h2r guide and it didn't ask for every copy of a required document throughout every tenancy of the occupation, just the most recent tenancy.
I don't think a solicitor can give you a definitive answer on this one and we will have to wait for the powers that be to either alter the form, or produce a guide before we know for sure.
With all the extra organisation required by courts for telephone hearings at the moment, I'm not holding my breath for an answer from them, but it seems like the logical thing to do. Fingers crossed I guess...

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