Form N5B for accelerated possession order (Part 9)

haveabreak

Hi guys

Does anyone have experience of filling form N5B for an accelerated possession order. I'm confused on part 9.

The first question is 9a "Was the first tenancy and any agreement for it made on or after 28 February 1997? If Yes, answer questions 9b to 9g"

The first AST agreement was 1st Nov 2019. So my answer would be Yes, right? But I don't understand the remaining questions 9b to 9g?

"9b. Was a notice served on the Defendant stating that any tenancy would not be, or would cease to be, an assured shorthold tenancy? Yes/No
9c. Is there any provision in any tenancy agreement which states that it is not an assured shorthold tenancy? Yes/No
9d. Is the ‘agricultural worker condition’ defined in Schedule 3 to the Housing Act 1988 fulfilled with respect to the property? Yes/No
9e. Did any tenancy arise by way of succession under s.39 of the Housing Act 1988? Yes/No
9f. Was any tenancy previously a secure tenancy under s.79 of the Housing Act 1985? Yes/No
9g. Did any tenancy arise under Schedule 10 to the Local Government and Housing Act 1989 (at the end of a long residential tenancy)? Yes/No"

Am i missing something obvious here?

canaldumidi

Was the "first AST agreement" of 1/11/19 the orignal tenancy, or was the tenant already in occupation on some other tenancy basis? I shall assume that is when the tenant first took occupation, in which case, since 1/11/19 is 'on or after 28/2/97', you should answer 'Yes'.

Having answered 'Yes', you must then answer Qs 9b-9g. Not sure what you think you are missing: 9b-9g are yes/no questions. No one here can tell you the correct answers without knowing full details of the tenancy and the history.

If there are specific Qs you dont understand, tell us which and what it is you need help with.

haveabreak

The 1/11/19 is when the tenant first took occupation.

I have a standard 12m AST for a residential flat. 1 tenant. Renewed once in 1/11/20 and since 1/11/21 rolled onto periodic. No other changes. 

Last night when I looked at this is was a bit daunting. But here's what I think the answers are:

9b. No - no notice was served in this regard. (maybe stupid question but it's not referring to Section 21 notice is it?)
9c. No - no provision in tenancy agreement, it states specifically it is an AST. 
9d. No - This is not an agricultural tenanted property. So answer must be No?
9e. No - Tenant was found by a letting agent so tenancy did not arise by succession as i understand this question.
9f. No - Not previously a secure tenancy, no mention of Housing Act 85 on tenancy agreement.
9g. No - nothing like long residential tenancy occurred 

So I conclude the above questions were to ascertain if the tenancy is an AST or not. Given all answers are no then the tenancy is an AST, is this correct? 

Many thanks in advance.

canaldumidi

haveabreak said:

The 1/11/19 is when the tenant first took occupation.  OK

I have a standard 12m AST for a residential flat. 1 tenant. Renewed once in 1/11/20 and since 1/11/21 rolled onto periodic. No other changes.  OK

Last night when I looked at this is was a bit daunting. But here's what I think the answers are:

9b. No - no notice was served in this regard. (maybe stupid question but it's not referring to Section 21 notice is it?)
9c. No - no provision in tenancy agreement, it states specifically it is an AST. 
9d. No - This is not an agricultural tenanted property. So answer must be No?
9e. No - Tenant was found by a letting agent so tenancy did not arise by succession as i understand this question.
9f. No - Not previously a secure tenancy, no mention of Housing Act 85 on tenancy agreement.
9g. No - nothing like long residential tenancy occurred 

So I conclude the above questions were to ascertain if the tenancy is an AST or not. Given all answers are no then the tenancy is an AST, is this correct? 

Many thanks in advance.

Correct. Just put No to all.

haveabreak

To be honest I am not comfortable submitting the form myself entirely. Can anyone recommend an eviction service company that they have worked with who can help with a section 21 accelerated eviction? The tenant is not expected to put up a defense as he is looking to get rehoused via the council

canaldumidi

Your landlord association should be able to help. Are you a member of the NRLA or a local association?

deannagone

Be aware that the tenant may not 'fight' the eviction, but is likely to be instructed by the council to stay until bailiffs come round to evict them.  If the eviction is happening because of rent arrears (I am sorry, I don't know what you are evicting for) the council may not help the tenant unless they can prove the arrears were not their fault (i.e. they had no income or too little income to pay the rent, something that they could not improve with better budgeting etc).