Questions on filling in form N5B

#1
Hi,

I’m a landlord, and I’m just in the process of filling in a N5B claim form for possession of a property. I’m not completely sure how to answer the following questions, and would appreciate your feedback on what the correct answers should be.

The tenancy is an assured shorthold tenancy, which started on the 1st July 2012 with no other agreements signed, the section 21 (4a) notice was served by hand by me with a witness in April 2013.

Form N5B Question 2. As only the original tenancy agreement has been entered into, with no other subsequent written tenancy agreements, I assume that the second part of question 2 is not relevant, should I just ignore it, or put a line through it?

Question 3. Again the second part of this question seems to be irrelevant, should I just ignore it, or put a line through it?

Question 4. Although the premises, Landlord and Tenant have not changed, the original tenancy agreement has not been replaced, so should I tick the yes boxes or N/A boxes?

Question 5 states ‘….a notice in writing….was served upon the defendant. It was served by:’
The answer I’ve given to this question is just my full name, should I add that it was delivered by hand?

Question 5 ‘The notice expired on ….‘
The answer I’ve given is 30/06/2013, is this correct?

Question 7 (a) (i) states ‘The deposit was held under a TDS,…my reference number is……...’
The deposit is held by the Deposit Protection Service, and they have given me an agent/landlord I.D. number (7 digits), and also a deposit I.D. number (8 digits), which of these would be the correct answer to this question?

And finally, ‘the certificate of service’ at the bottom of page 4, is this left blank for the court to fill in?

Thanking you in anticipation.

Tom62
 
#2
Hi Tom

Q2, part 2 - delete
Q3, part 2 - delete
Q4 tick N/A to all - only complete if there was more than one AST given
Q5 - yes your name and add in by hand - you also need to complete a Certificate of Service - this is also on the Court forms website - form number N215 - when you have signed this you add it to the N5B and write C1 at the top
Q5 - date for expiry - this would seem correct from the information you have given me - but it will be the date on the Notice
Q7(a)(1) put in the deposit ID number - I also attach a copy of the Deposit Certificate to the court form so there is no doubt.

Just on the deposit situation - as well as protecting the deposit did you give your tenant the Prescribed Informaton - this is a document that you would have to print off the DPS website, fill in, sign and give a copy to your tenant - if you haven't there may be difficulties.

Certificate of Service bit at the bottom of the form is for the court to fill in.

If you have any doubts about whether your form or paperwork is correct we provide a checking service for a fixed fee of £150. You can email me at rbrough@fidler.co.uk
 

Jeffrey Shaw

Member
Staff member
#3
The tenancy is an assured shorthold tenancy, which started on the 1st July 2012 with no other agreements signed, the section 21 (4a) notice was served by hand by me with a witness in April 2013.

For what fixed length of term was the AST granted on 1 July 2012?
 
#4
Thank you for the quick replies - much appreciated!

To answer the questions raised, I printed two copies of the Tenancy Deposit scheme prescribed information, and both myself and the Tenant signed them on page two, keeping one copy each. I also gave the Tenant a copy of the eleven pages of the TDS terms and conditions, and March 2012 revisions.

The AST was for a six month term.

If I need any further information I'll be in touch.

Again, many thanks.

Best regards,

Tom.
 

Jeffrey Shaw

Member
Staff member
#5
The AST was for a six month term.
I asked re its term simply in order to know the details of the Statutory Periodic Tenancy.
The term began on 1 July 2012. It expired at the end of 31 December 2012.

So every calendar month thereafter (beginning on 1 January 2013) is a new SPT period.
Any s.21(4)(a) Notice would therefore need to show a Notice period of:
a. at least two months; plus
b. up to & inc. the end of the calendar month.

So when you said
Question 5 ‘The notice expired on ….‘
The answer I’ve given is 30/06/2013, is this correct?
(and Rebecca agreed this to be correct), I'd have preferred it to say "expired after 30 June 2013". That word 'on' might be a problem!
 
#6
Hi Jeffrey and Tom

The bit where I said the "notice expired on" is the wording on the N5B form - tom just needs to insert the date the notice expired in the boxes on the form after this.
 
#7
Hi Jeffrey,

Thanks for the information.

The section 21 (4)(a) notice that was served did indeed state that posession was required after 30/06/2013.

It is the wording of Question 5 on the N5B form that states 'The notice expired on ..../..../.......' I filled in the date of 30/06/2013, the same as the date on the section 21 notice, and hoping it to be correct?

Best regards,

Tom.
 
#10
Time for a quick update and a big thank you!

I submitted the form to the court as advised, and everything went through without any problems.

Many thanks to Rebecca and Jeffrey - much appreciated.

Best Regards,

Tom.