Thank you for your recent help. The N5B form was successfully issued to the county court and we received our copy of papers on Friday, with a letter to say it will be deemed to have been served to the tenant on Monday (14th). The question I have is actually now related to rent payments, as we have this month received rent via the lettings agent, which means the tenant has continued to pay his standing order, even though his AST expired on 2nd April. Is it usual for a tenant to continue to pay rent once the eviction process has started? If we continue to accept rent, does this in any way look as though we are giving him permission to continue to reside there? Also, our lettings agent lost their set of keys to the flat in November, and the tenant has repeatedly refused to lend them his set so they can get a new set cut. I need access to the property on Monday 28th as we have a surveyor coming to value the property, but of course we do not trust the tenant to stay at home to allow them access, hence I plan to meet them there and access the property with them. I have asked the lettings agency for a solution re keys. As I see it, either they need to find their keys (very unlikely) get keys off the tenant and get spare sets cut (also unlikely), or arrange for the locks to be changed so we all have a new set of keys (including the tenant). If the tenant continues to refuse access and we have to change the locks, could this be deemed as harassment in any way, even if we make sure he immediately has a set of the new keys?
you have been through this process of completing the n5b form and n215 form it appears.
i wondered if you could be kind enough to please advice on my queries below based on your experiences.
i need help please with some queries below.
i have looked at the N5B general guidance on this website which is really helpful. however , im still unsure about the last page under the section of "certificate of service". do i complete this part certificate of service and post the N5b form along with the other forms (section 21/n215/tenenacy agreement) to the tenants or will the court do that ??
also i have a query about the N215 form. i asked my agent to serve the notice to leave my property to the tenants. the agent prepared the section 21 (4) (a) form and asked me to come into his office and sign it which i did. then the same day the agent called the tenants and in my presence verbally informed the tenants that they were given notice to vacate my property. then the agent, after i was asked to leave, gave the tenants the section 21 notice to read and sign (which the tenants did sign in my absence) and the next day the agent gave me a copy of the section 21 notice. do we really need to have an N215 form when the tenants have already signed the section 21 notice confirming they have received it ?? i guess that the agent will need to complete the N215 form but he has already avoided it once so i think the agent may not complete the N215 form. i am now planning to complete it and then will get him to sign the N215 form. regarding the part "how did you serve the documents?" shall i tick the option : "by personally handing it to or leaving it with " ??
does the agent need to write a time ?? under the option "by personally handing it to or leaving it with " there is a a space for the time where it says " (........ time left, where document is other than a claim form) (please specifiy)" . so does the agent need to write a time when he got the tenants to sign the section 21 notice?? but what if he did not make a note of the time?? what needs to be written in the white box below ?? does the box need to state the name of the tenants on whom the section 21 notice was served?
i would be extremely grateful if you could please offer any advice.