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Completing a claim form for possession of property


andrew4ap

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In paragraph 3 (d) of this form there is mention of the necessity of attaching a copy of a notice, to be marked "B1"

Am I correct in thinking that as I did not serve such a notice, then this does not apply to me.

My tenants received from me a written 6 monthly tenancy agreement in 2010 and nothing since.

Sunsequently I served them with a secion 21 notice in July 2012 to vacate after 6th September 2012.

I am getting prepared to serve a possession claim just in case the tenants do not vacate on 6th September

Yours comments would be appreciated.

Andrew

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Guest tenants_from_hell

Why are you getting rid of them? Are they not paying?

These legal routes are ridiculously long for us landlords, simply find a flaw or breach of the tenancy agreement and use that to evict the person. The legal route costs a lot more and is more hassle. I am simply sick of too many tenant rights, just boot them out the old fashioned way!

I hope it goes well and stress free for you fellow landlord!

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I take it you are completing form N5b. The section you refer to only applies to tenancies which commenced prior to 28 Feb 1997, prior to this date landlords had to serve any potential tenant with a notice under s.20 Housing Act 1988 stating that the tenancy was to be a shorthold assured tenancy. If the notice was not served then you created an assured tenancy by default, the law was changed because as you might guess landlords failed to serve a s.20 notice time and time again. As your tenancy commenced in 2010 you do not have to complete this section. If you are not sure about completing the form seek advice as time after time I see defective claim forms struck out.

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Guest tenants_from_hell

Tenants from Hell or Landlord from Hell ?

Landlords arent from hell mate, we landlords get treated like crap most of the time. You google anything about landlords nothing comes up in their favour. You type in tenants everything comes up in there favour!

A non paying tenant, you issue him a Section 8 notice which is 2 weeks. However, you arent guaranteed he will go in 2 weeks, then they play the long game and it goes on for a couple of months. Your out of more rent, and when it finally goes to court when they asked to repay the landlord they simply say "we have no money" its a joke. Its us landlords that have to pay the costs and fines! Tenants even can get legal aid, its ridiculous.

No wonder some landlords dont want to repair and fix things despite its their property. Because if they have been shafted once or twice or many times like me they simply cant cough up the cash. We arent made of money ££! We have mortgages, insurance, gas & electrical certificates, repair costs (MATERIALS and labour) the list is endless!

The whole system needs to be fixed!

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