Possession of Property Form N5B

ftsos

Hello Everyone,

I need some help and advise about getting a tenant out of my property. I rent my house out. I am a member of the NLA. I have had a tenant who has been causing me a nightmare. He has consistently paid late for the last 8 to 12 months.

I contacted the NLA and they advised me to do a Section 21 notice and he has not left. Now I have been told I have to do a Form N5B.

Does anyone have any experience in completely a form N5B. I have been searching online for guidance, but I haven't found much, not on this particular form.

Help on this would be greatly appreciated. If you think you may be able to help, I can tell you the questions I am stuck on.

Thank you.

AnotherJoe

Why aren't you using a solicitor experienced in this field rather than fannying around in an amateur way?

tom9980

ftsos wrote: »

Hello Everyone,

I need some help and advise about getting a tenant out of my property. I rent my house out. I am a member of the NLA. I have had a tenant who has been causing me a nightmare. He has consistently paid late for the last 8 to 12 months.

I contacted the NLA and they advised me to do a Section 21 notice and he has not left. Now I have been told I have to do a Form N5B.

Does anyone have any experience in completely a form N5B. I have been searching online for guidance, but I haven't found much, not on this particular form.

Help on this would be greatly appreciated. If you think you may be able to help, I can tell you the questions I am stuck on.

Thank you.

call the NLA on 020 7840 8939 with membership number at hand, you are paying for it already.

G_M

ftsos wrote: »

.....He has consistently paid late for the last 8 to 12 months.
Just 'late' or have arrears built up? If so how much?

I contacted the NLA and they advised me to do a Section 21 notice
Depending on the answer above you could have used a S8 Grounds 8,or 10, or 11 as appropriate.

and he has not left. Now I have been told I have to do a Form N5B.
so provided the S21 was valid (check below), N5B is to gain possesion.

Does anyone have any experience in completely a form N5B. I have been searching online for guidance, but I haven't found much, not on this particular form.
Your LL's Assn should advise on completing the form, not that it is hard.

Before you start, see

S21 checklist (Is a S21 valid?)

ftsos

Hello, Sorry I didn't see you replies as the emails could have gone to junk.

The problem I have is this tenant knows the system and is playing the system. He told me those exact words. I even have a recording of him trying to defraud the benefits office.

So what he has been doing so far, for the last 9 months he has paid late every single month, and he always pays after I have chased him. Recently its got worse. So now he is 2 months late. But he is such a manipulator, he sent me 1 weeks money I think 2 weeks ago, so that legally he is not "exactly" 2 months late. Can you see what he is doing?

I am not making this up, when I say, in his opinion, we are all stupid "Brits" and in his words stupid people should be taken advantage of. It after those and other comments that I thought I need to start recording my interactions with him. Its not for legal reasons, its more, so that people would believe me that this guy is genuinely manipulative. I know we as small landlords are supposed to always be the bad guys. This stereotype is simply not the reality.

Anyway, I am going to contact the NLA again and speak to them. Will they help me with completing forms?

So as it stands, the section 21 notice was served to him on 21/10/2018. Its supposed to be valid for 6 months. I assumed it was from the last day he could leave the property which was 05/12/2018, so does that mean my Section 21 has expired?

Secondly, just to re-iterative what are my options:

1) Dealing with ,manipulative tenants - If he keeps staying within the 2 months late period, is there is a simple way of getting him out? Is it a section 21 and then a N5B?

2) If he is 2 months late in rent, can I serve a section 8 notice, or do I need to do a new section 21 and then a section 8 notice?

Please help if you can. Thanks.

G_M

ftsos wrote: »

So what he has been doing so far, for the last 9 months he has paid late every single month, and he always pays after I have chased him. Recently its got worse.
OK - so he knows the law. So should you.
Just as he is acting as best he can within the law, so must you!

So now he is 2 months late. But he is such a manipulator, he sent me 1 weeks money I think 2 weeks ago, so that legally he is not "exactly" 2 months late. Can you see what he is doing?
Not uncommon. But why do you only 'think' he sent 1 weks money 2 weeks ago.

If you seriously want to take action you need to be precise. In this case, you need a full rent breakdown so that you can see exactly what is paid, what is in arrears and when.

Anyway, I am going to contact the NLA again and speak to them. Will they help me with completing forms? I am not a member but understand that yes, that is part of their service.

So as it stands, the section 21 notice was served to him on 21/10/2018. Its supposed to be valid for 6 months. I assumed it was from the last day he could leave the property which was 05/12/2018, so does that mean my Section 21 has expired?
* he could not 'leave the property' on/before 5/12/18 without first serving notice (or agreeing an Early Surrender with you
* a S21 Notice does not end the tenancy
* what date did you put on the S21?
* 6 months from 21/10/18 is 20/4/19

Secondly, just to re-iterative what are my options:

1) Dealing with ,manipulative tenants - If he keeps staying within the 2 months late period, is there is a simple way of getting him out? Is it a section 21 and then a N5B?
As already advised, you can either use

* a (valid) S21 Notice (no reason needed but must provide 2 months before applying to court) or
* a S8 Notice using Grounds 8,or 10, or 11 as appropriate.


2) If he is 2 months late in rent, can I serve a section 8 notice, or do I need to do a new section 21 and then a section 8 notice?

.

You can use either mechanism, or all in parallel( eg so that if you used S8 G8 and he pays down the arrears you can fall back on the S21. Or the S8 G10. Or S8 G11.

I trust you have read through the S21 checklist ? all 87 quesions? Get one wrong and you are back to square one.........

babyblade41

Why make things so complicated.. If you have a valid s21 then go ahead and do a s8

The forms are relatively easy and straightforward, but you MUST have everything correct . Figures and dates must be crystal clear .

The judge will not want to wade through bumph when it comes to a court eviction hearing.

I do presume you have protected the deposit in the appropriate scheme ?

You will need all this info to hand if/when attending court .