Received an N5B form without an issue date

EggNog_2

vax2002 wrote: »

How does the statement describe the "delivery"

It says

"was served on [My Name] by hand at [The Address of the Property]"

it says that a copy of the statement is exhibited as FB1. There is a copy of a Section 21 notice, which I assume is the one they are referring to, but it is not marked as FB1. Later on in the paperwork there is a sheet saying "This is the exhibit marked FB, referred to in the statement of [EA employee]", but there is no s21 notice with it.

domcastro

Just leave the property

EggNog_2

I assume you didn't pay the rent and are now looking for ways to get longer at the property for free?

The rent has always been paid on time.

If they did not serve notice, then you can and should challenge it. Courts do not exist to rubberstamp lies from Letting Agents.

My concern is that, having done a little bit of reading on it, I understand that the courts do generally accept service if there is a sworn statement. There is no evidence that I can provide, to refute it, except to swear that I didn't receive it. I worry that I will just end up paying more legal fees, with little hope of success.

Have they also provided a 'further' copy of the notice which they said they previously supplied? So that you can check that its purported contents were in fact accurate (or not) nevertheless?

Yes, there is a copy of the s21 they are claiming to have served. It looks OK as far as I can tell, except that it refers to a second page, which has not been included.

domcastro

I don't understand why you won't leave? You're making it very hard for yourself to rent / buy in the future. From the way you write, you are educated so I don't understand why you are making a fuss?

silvercar

Are you planning to leave? at any time in the future?

Even if you get this N5B thrown out, it will be followed by another one. At some point you will be forced to leave.

vax2002

EggNog wrote: »

Yes, there is a copy of the s21 they are claiming to have served. It looks OK as far as I can tell, except that it refers to a second page, which has not been included.

A second page which is not included ?
That is a very strong thread to pull.

DVardysShadow

EggNog wrote: »

... My concern is that, having done a little bit of reading on it, I understand that the courts do generally accept service if there is a sworn statement. There is no evidence that I can provide, to refute it, except to swear that I didn't receive it. I worry that I will just end up paying more legal fees, with little hope of success.

Courts will accept a sworn statement over nothing from the other side. but if you put in a sworn statement, then the court has 2 to choose from. Additionally, you have the opportunity to put the person claiming to have served notice on the stand and question them about the alleged delivery. That might turn up a nugget, like putting it through the wrong door.

vax2002

If the tenant is looking for social housing, if you leave, you loose your place on the housing list, you must,
Robustly defend all eviction procedures .
Attend the court:
Not make any agreement to leave in lieu of eviction.
Not leave of your own accord prior to actual eviction.

So "Just leaving" may not be an option in today's times. The alternative could be a cardboard box in a doorway and a stern word of warning to the poo slingers.
Many will feel the lash upon their backs in 2012.
By the grace of God may you be spared.

silvercar

vax2002 wrote: »

If the tenant is looking for social housing, if you leave, you loose your place on the housing list, you must,
Robustly defend all eviction procedures .
Attend the court:
Not make any agreement to leave in lieu of eviction.
Not leave of your own accord prior to actual eviction.

So "Just leaving" may not be an option in today's times. The alternative could be a cardboard box in a doorway and a stern word of warning to the poo slingers.
Many will feel the lash upon their backs in 2012.
By the grace of God may you be spared.

Has OP even said they are waiting for social housing?

Many local authorities are more enlightened and will provide accommodation on the basis of a court order to leave.

By waiting for social housing, there is the risk of:

a) being found liable for court costs/ possible CCJ
b) being housed in a B&B
c) being assigned temporary housing that is not ideal
d) the council can temp house for 28 days whilst they assess if they are liable to provide accommodation, resulting in further moves.

Unless OP is vunerable or has children, they could well find that the council does nothing more than provide lists of friendly landlords/ B&Bs

olly300

silvercar wrote: »

Has OP even said they are waiting for social housing?

The OP hasn't said anything.

So instead of everyone presuming why they are are leaving, how their particular local authority will act or whether they have sought other advise it will probably be a good idea just to answer the question the OP has asked.