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Accelerated process form N5B- Help


srsr400@gmail.com

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I am doing the N5b form myself (as I have read that you can diy) and just needed clarification on a few points.

I would really appreciate any help.

a) Number 2 says 'On the ........,the claimant entered into a written tenancy agreement with the defendants.A copy of it markd A is attached to this claim The tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy. One or more subsequent written tenancy agreements have been entered into. A copy of the most recent one, made on ........ marked A1 is also attached to the claim form.

WHat do I put in here as I have 2 tenancy agreements - the first 16 Dec 2009 to 15 Dec 2010 (signed 16th Dec 2009. The second 2 January 2011 to 1 Januaury 2012 (dated 17 November 2010).Is it the dates of the contracts or when contract commenced and ended?

B) Number 5 where it asks for the date of the notice, I presume means the date on 21(1)b and

not when I deemed it served (ie next day or 2 days in post , etc). Also if hand delivered through letter box with witness then is this 'delivered in person' or what do I write here?

c) What other things do I need - N115, N215 certificate of service and witness statement(are latter 2 same thing)?

Thanks

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Hi Poppy,

I take it you are the landlord? Why do have 2 tenancy agreements with a 2 week gap in between with the same tenant(s)? Is your dispute covered by the timespan of the latest agreement ? If so use that one to fill in the details. Put start and end dates for that agreement.

No 5 means the date you served the notice - did you get a witness to this or proof of postage from 2 separate post offices?

A certificate of service is one you can fill out yourself or get a witness to fill it out. Which ever applied to you.

Don't forget the court fee - most important.

Mortitia

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Hi Mortitia,

Thanks for your reply.

Quote- "Is your dispute covered by the timespan of the latest agreement ? If so use that one to fill in the details. Put start and end dates for that agreement."

There is a 2 week gap between the first years tenancy and second years tenancy as the tenant wanted the second years tenancy to start on the 2nd January 2011

to help him pay the rent on time. Please note the second years contract was signed 17th November and not 2nd January which is when it commenced.

The tenant has not paid rent for the last 4 months now (so I imagine it falls into the second contract right?).

So are you saying don't bother about the first years contract as this might confuse issues and there was a period of two weeks after this which was a periodic tenancy (after which the second contract started?

If so I still have a another problem- do I put the date the second contract was signed i.e 17 Nov 2010 or the date the tenancy began i.e 2nd January in point 2 N5B form?

Regards

Poppy

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