What to make of Qs 6 and 7 on new N5B Claim form?

by Readers Question

14:21 PM, 7th July 2020
About a month ago

What to make of Qs 6 and 7 on new N5B Claim form?

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What to make of Qs 6 and 7 on new N5B Claim form?

On the new N5B Claim form for possession of a property located in England Question 6 asks: On what date was the property let to the Defendant by way of a written tenancy agreement?

7. The tenancy agreement is dated Day Month Year

I’m evicting a tenant who has been on the same assured shorthold tenancy agreement for 11 years . I understand that for Question 7 I simply complete when the tenancy agreement is dated, but what am I supposed to do with Question 6?

Do I ignore it, put the same date as in Question 7? Do I put in the same date, but score through the words “The tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy”?

Totally confused…please help

Simone



Comments

Rennie

10:51 AM, 8th July 2020
About a month ago

I know absolutely nothing but this is how I am reading it. Question 7 wants the date on the current tenancy agreement. Question 6 wants to know if, prior to the current tenancy agreement, there was an assured tenancy. As your tenant has always been on the same assured shorthold tenancy agreement from the outset and there was no prior assured tenancy then the date should be the same as Question 7

Clint

10:59 AM, 8th July 2020
About a month ago

Reply to the comment left by Rennie at 08/07/2020 - 10:51
These forms are written so as to confuse the Landlord.

I have never filled in one of these new forms but would tend to agree with Rennie

WP

11:27 AM, 8th July 2020
About a month ago

I'd put the same date in Q6 as Q7 for the same reasons as other person stated.

I think I did the same in a similar position when I had to evict. The tenant was there for years and had been on the same tenancy from the day he moved in so essentially there are no other dates - only the start date of the only tenancy he has had with you.

WP

11:29 AM, 8th July 2020
About a month ago

yep and score through the rest of the wording or state this is the only one tenancy he has had with you.

Seething Landlord

11:42 AM, 8th July 2020
About a month ago

The date on which the tenancy started is not necessarily the same as the date on which the agreement was signed. In some situations the agreement might be signed months in advance and signing a few days or even weeks in advance is in my experience quite common.
If the ast replaced an assured tenancy there might be issues about the availability of section 21 as a means of repossession but others will know more about that than I do. Scoring through the words would indicate that there was actually a previous assured tenancy.

Smartermind

11:55 AM, 8th July 2020
About a month ago

Have to ask the question, although I am sure you have your reasons: why are you evicting a tenant of 11 years standing? Does loyalty count for nothing these days?

As for the questions: the tenancy agreement could be signed on day x for the tenancy to start on day x+y; so they won't necessarily be the same.

Mike

13:39 PM, 8th July 2020
About a month ago

In some instances a tenancy can start before a written agreement is drawn, or in other words a tenancy might have been granted on a verbal bases, but these days verbal agreements cannot stand the scrutiny of the courts as they insist upon written agreement, so when you draw up a written agreement it has to be dated on the date it is signed as legally it cannot be backdated. that is my opinion only, and could well be wrong . I have had tenants on verbal agreements and whom I issued written agreements afterwards.

As an example, an Insurance Certificate cannot be backdated, same way many legal documents cannot be backdated, but Governments do have a way of backdating things and its called retrospective, because it suits them and there is no real legal challenge to it.

Judith Wordsworth

9:10 AM, 11th July 2020
About a month ago

Have a similar query as selling my rental and need to serve a s21. Tenants have signed an annual AST from 29.1.2012 until the expiry off the AST dated 29.1.2019. The renewal tenancy agreement was NOT completed correctly by the tenants and NEVER signed by me, so I believe has now become a Periodic Tenancy.

So confused as to what needs to be put for Q's 6 & 7 and if anything needs crossing out.


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