N5b (Wales)

[Mark8784]

Can anybody help, I’m filling out a N5B (Wales) court possession order and there is a question on the document which I’m not 100% sure how to answer. I’ve attached the document below for clarity, question number 8 asks, “On what date were written terms served on the defendant(s)?”  Do they mean the date when the contract was served or when the notice of possession was served or something else?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1146595/N5B_WALES_0323-save.pdf    

[Carryon Regardless]

Being cynical I have to consider that this is designed to trip us up.

But, imho, we were caused to convert our existing AST's to Occupation Contracts, or if new tenancy it was straight to Occupation Contract prior to that. We were required to serve these documents on the tenant.

I don't see that there 'terms' applicable to a notice of possession, as we aren't negotiating this, effectively we are dictating our requirement for repossession. 

The 'terms' in my mind, are applicable within the contract. So for me the date of contract is asked for.

And as Grampa suggested in a prior thread, demonstrating your compliance with those other requirements of a tenancy, those that would prevent your claim of possession being granted, makes a lot of sense. He will generally serve such things as the gas inspection, ECP.... again, prior to service of the repossession notice. My way has been to create a tenancy pack that has all such detail within, and ask each tenant to sign and date the front page, this detailing the contents.

Please keep us updated on your progress. I have intention to serve 4 of these in the future, 1 flat is mt already. So far I have been more than reluctant to replace that tenant. I am strategizing the disposal of the 5 flats, but the deferral of the Leasehold Reform Act has complicated that for me.