After Section 21, which forms for eviction?

[tobeee]

Hello

I served Section 21 notice in my tenants a few months ago so that I can refurbish and possibly sell, but they've not yet left so I'm going to apply for an Accelerated Possession.

I completed form N5B (Claim possession) and N119 (Details of Claim) and am ready to send them to the local County Court, but do I also need to include the N11B (Defend a Claim) or will the Court prepare that and send it to the tenant? Have I missed any forms?

Also, assuming all needs to be hard copies, how many copies of all the docs (70 pages!) do I need to print?

Thanks, Toby

[LF5335]

Having gone through this 18 months ago I’d suggest you get legal help and pay someone to do it for you. It’s not as expensive as you’d think and means you get someone who knows how it all works.

To put this into perspective the court ruled against me for reasons that were made obsolete 5 years previously. My solicitor sorted that out in no time whereas I’d have struggled as not totally au fait with the process.

The lady I used had a fixed fee and was exceptionally efficient and all fixed fee.

https://landlord-support.co.uk/

Edited by LF5335 on Saturday 7th October 13:35

[119]

Haven’t the rules changed recently meaning landlords have to have a genuine reason to evict tenants, more so than before?

I would certainly class the op predicament as one but I am sure it’s just not that straight forward any more?

[zarjaz1991]

[redacted]

[dan98]

tobeee said:

Hello

I served Section 21 notice in my tenants a few months ago so that I can refurbish and possibly sell, but they've not yet left so I'm going to apply for an Accelerated Possession.

I completed form N5B (Claim possession) and N119 (Details of Claim) and am ready to send them to the local County Court, but do I also need to include the N11B (Defend a Claim) or will the Court prepare that and send it to the tenant? Have I missed any forms?

Also, assuming all needs to be hard copies, how many copies of all the docs (70 pages!) do I need to print?

Thanks, Toby

As others mention, I really wouldn't attempt doing this without a legal advisor.
Only one tiny slip-up or document missing from the original tenancy means it gets thrown out and you have to start all over again.

In addition, the tenant can claim all kinds of reasons to delay the process which you'll struggle with unless you have someone who knows how the whole ridiculous 'game' works.

[Wings]

tobeee said:

Hello

I served Section 21 notice in my tenants a few months ago so that I can refurbish and possibly sell, but they've not yet left so I'm going to apply for an Accelerated Possession.

I completed form N5B (Claim possession) and N119 (Details of Claim) and am ready to send them to the local County Court, but do I also need to include the N11B (Defend a Claim) or will the Court prepare that and send it to the tenant? Have I missed any forms?

Also, assuming all needs to be hard copies, how many copies of all the docs (70 pages!) do I need to print?

Thanks, Toby

I have just successfully completed a repossession through the courts, although the decision was made by the courts without requiring a court hearing.

The Defence form will be provided to the tenant/defendant by the court, for the tenant/defendant to complete and return to the court, for the court then to provide a copy of the completed form to the landlord/claimant.

The landlord/claimant needs to provide all forms, documents in triplicate, those documents including those related to the tenancy agreement* (see below).

The landlord/claimant is also prior to submitting legal forms to the court, is required to submit to the tenant a Pre-Action Protocol Communication form. the same for the tenant to complete and return to the landlord. The landlord should retain a copy of the form, and any communication attached to the same.

Many repossessions fail during court proceedings, due to an error completing the Section 21 (6a) Notice, mainly due to incorrect dates. Other failures are due to landlords failing to protect the deposit monies, either at the start of an Assured Shorthold Tenancy (hereafter AST), and/or when the tenancy rolls over into a NEW Statutory Periodic Tenancy (hereafter SPT).

Apart from supplying copies of any AST and SPT agreements, triplicate copies should also be provided with the court forms of the following valid and up to date documents:-

• Copy of HMG's "How to Rent" leaflet , the Annual Gas Safety Certificate, the Energy Performance Certificate , the five (5) yearly Electrical Inspection Report, Tenancy Deposit Scheme. Deposit Protection Certificate, Information for Tenant's leaflet.

If the OP/landlord is doubtful that the tenant has received any of the above documents, then this landlord to avoid any unnecessary argument/s, supplied copies of all of the same documents attached to his Section 21 (6a) Notice.

Good luck.