john.p.clegg Posted October 6, 2014 Report Share Posted October 6, 2014 It's me again,sorry but have floundered at question 3 of the N5B form...the question is 3. Both the [first] tenancy and the agreement for it were made on or after 28 February 1997. a) No notice was served on the defendant stating that the tenancy would not be, or continue to be, an assured shorthold tenancy. b)There is no provision in the tenancy agreement which states that it is not an assured shorthold tenancy. c) The ‘agricultural worker condition’defined in Schedule 3 to the Housing Act 1988 is not fulfilled with respect to the property. (or) Both the [first] tenancy and the agreement for it were made on or after 15 January 1989. a) The [first] tenancy agreement was for a fixed term of not less than six months. b)There was no power for the landlord to end the tenancy earlier than six months after it began. c) On the D D / M M / Y Y Y Y (before the tenancy began) a notice in writing, stating that the tenancy was to be an assured shorthold tenancy, was served on the defendant(s). It was served by: d) Attached to this claim form is a copy of that notice marked‘B’[and proof of service marked‘B1’]. whereas the help notes say that As well as the form you will need an equal number of the following documents: the tenancy agreement(marked A1), the notice seeking possession (marked B, the proof of service (marked B1). and to me it seems the "notice" is not the notice to quit but the contents of C above?? which should have been served (before the tenancy began)? Can anyone help?? Thanks John Ref http://www.anthonyreeves.co.uk/resources/n5b.pdf Ref http://www.propertyhawk.co.uk/index.php?page=bible&id=258 Link to comment Share on other sites More sharing options...
Grampa Posted October 6, 2014 Report Share Posted October 6, 2014 If the tenancy started after 28th feb 1997 strike through from "(or)" to d. If the tenancy started before 28th feb 1997 you would have needed a section 20 notice as well and that is what would have been marked "B" and proof of service "B1" The S21 is marked "C" and proof of service "C1" Link to comment Share on other sites More sharing options...
john.p.clegg Posted October 6, 2014 Author Report Share Posted October 6, 2014 Grampa You've done it again,many thanks,looks like duff info on Landlords Bible/Propertyhawk.. Once again Thanks John Link to comment Share on other sites More sharing options...
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