Issuing N5 online

fatboyonadiet

I have a feeling my problems with this tenant is a learning experience!

I've issued S8 2 weeks ago and wanted to do an N5 online, sticking point in the house is in my name but the tenancy agreement is in my brothers (we tend to look after and manage the houses jointly).

Does the N5 need to come from me or my brother and should we both attend court? Is this going to prove a major problem?

theartfullodger

If the name on the tenancy agreement is your brothers then he is the landlord and you cannot be him (unless changed by s48 & s3 notices and land reg transfer...). So he needs to serve s8 etc & other court papers, start again.

Who has been declaring how much of the rental income to HMRC, even if making a loss?

It is up to judge who to permit to appear in court.

Does tenancy state rent payable 4-weekly? If still in fixed term, does tenancy permit use of s8g8 during that fixed term?

Who's name(s) or the registered owners with land registry? Any mortgage, if so in what names?

fatboyonadiet

Thanks, I had read that they ask for proof of property ownership, etc at court so thought they might query the different names.

He has

Tenancy was a 6 month agreement with a monthly set payment date (1st), and yes it does.

I did issue a S21 about 6 weeks ago to try and push them into paying but it made no difference. I also have a small claims going through at the same time too. Not sure if any of that makes a difference.

fatboyonadiet

I'm the registered owner and named on the mortgage too

theartfullodger

The landlord does not have to own the place to be the landlord: Whoever is named as landlord is landlord, but in your shoes I'd issue s48, s3 notices then day after new s8 & s21s... (what a mess! - actually in your shoes I'd not have been there.... (Others might go with other approaches).

Why was bro named as landlord (not tax related was it?).

fatboyonadiet

Thanks, will look into all that. How much time has to pass in between all that?

No, he manages all the properties so for signatures, etc makes it easier.

Hoploz

Does an S21 ever encourage someone to pay?

thesaint

Hoploz wrote: »

Does an S21 ever encourage someone to pay?

Sometimes the threat of a Sec 21 encourages someone to pay.
Sometimes a Sec 21 encourages someone to pay.
Sometimes absolutely nothing encourages someone to pay.

fatboyonadiet

Yep, used it once before and they paid up that week! And never got behind again!

But in this case they now can't be bothered paying the very little they were!