Section 21 - don't have a protected deposit

johnjameson

anyone?
i'm lost now
happy to return deposit
but then the court form specifically ask for details of deposit taken
what do i do?

G_M

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

I am not an expert in this area but would suggest

* Tick 'yes' for 7a (clearly you did) +
* under 7a add " iv) The deposit was returned in full on xx/xx/2013. Copy of receipt attached"

However, it is possible you will not be able to use the accelerated process, and will need form N5 (instead of N5b).

N5 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

N5B - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf



You could phone the court officials for advice and/or wait for other comments here.

johnjameson

@G_M thanks for that

G_M wrote: »

You could phone the court officials for advice and/or wait for other comments here.

great... but would they not just say that i need to go to a solicitor?
i will do this on monday

the first form link above is the form i was referring to

accelerated vs non accelerated?
assume non accelerated is slower? how much slower?
why does it exist? what is its purpose?

thanks

G_M

Accelerated is for straight-forward cases which do not require a hearing. The judge simply reviews the paperwork, checks all is valid/ in order, and if so grants the possession order.

This can be done because a (valid) S21 notice is a 'no fault' notice. The landlord does not need to give a reason (like rent arrears) therefore there is no defence, therefore no need fora hearing.

You are right the court officials might refer you to a solicitor. They cannot give legal advice. But they can advise on process. So they might well advise on which form to use. It's worth a phone call/visit.

However, aren't you getting ahead of yourself? You cannot submityour N5b till you have

a) returned the deposit
b) served the S21 and
c) waited 2 months.....

(or have I forgotten which thread I'm responding to? It's late....!)

edit: In Landlordzone, there is advice (used in practice) to answer 'No' to Q7, and attach an explanation + the tenant's receipt for the refunded deposit.

tim123456789

giddypenguin wrote: »

*puts head in hands*

It upsets me that people can just become a landlord with no idea of what they are doing whatsoever. Really didn't think it was possible to know even less of property law than a LA... but by jove, they are about aren't they?!

TBH it's no different from a lot of SE businesses

People try to run Pubs, B&B, corner shops without any knowledge of running that type of business

tim

Werdnal

OP, you are a long way off worrying about completing the court documents. Concentrate of getting the S21 notice correct and served properly, as you have 2 months yet (more if you are between tenancy periods for the notice date) to get to grips with the court application.

The notice comes first, no need to complete any other forms yet, although if tenant is looking for council property, it may yet come to that when the notice expires.

Now, as I asked earlier, do you know how to complete and serve the S21 correctly - otherwise you will never actually get to the court stage!

johnjameson

guys, thanks for the replies

- today i will draft up a letter to confirm that the tenant is happy to get their deposit returned
- i will thereafter serve a section 21 notice

the rent is due 26th, so i will date the section 21 to be 25th september

i have just spoken to a solicitor. they have advised me that if i use an accelerated form, then the application may be rejected on the grounds of the form not being filled in properly - since i am failing to give details of the register of the deposit (or something to this effect)

G_M wrote: »

* under 7a add " iv) The deposit was returned in full on xx/xx/2013. Copy of receipt attached"

how can i 'add' an extra line?
is that allowed?

G_M wrote: »

However, it is possible you will not be able to use the accelerated process, and will need form N5 (instead of N5b).

N5 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

N5B - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

so this is what the solicitor on the phone told me

G_M wrote: »

You could phone the court officials for advice and/or wait for other comments here.

i called and waited and waited and waited on the answerphone. i had to hang up. i will try again in a bit

the more i think about it all: my situation is not a unique one that has never happened before. there must be a set of standard procedures that tell you what to do step by step.

if i have to pay someone to get legal help... then i have no choice

but if it's JUST a case of following a set of simple steps and procedures, then why should i waste money! (not being stingy)

looking at landlordzone now

thesaint

I think the court forms need to reflect where a deposit has been returned.
It's 2013, and they need to keep up.

johnjameson

thesaint wrote: »

It's 2013, and they need to keep up./QUOTE]
i think the forms are confusing and don't have the place to input the information

the n5b should have space for the possibility of stating that a deposit was returned

i've been given 'legal' advice by a qualified solicitor that the option is to use a non accelerated application - you can in that case give the extra detail required
is this wrong?

on the landlordzone website link given above by someone, the reply to the thread says that you can use n5b - but add in extra detail

thanks

G_M

Did you look at my edit to post 25?

edit: In Landlordzone, there is advice (used in practice) to answer 'No' to Q7, and attach an explanation + the tenant's receipt for the refunded deposit.