Section 21 after a rent increase filling in posession order form

[Deleted User]

Hi All,

Wondered if anyone has experience of filling the N5B court form.

I have 1 tenancy agreement started in November 2021.
A rent increase form 4 section 13 was issued in December 2022.

I have filled the form confidently just the question I have doubt about as I will be including tenancy, S21, proof of postage. EPC, gas safety and how to rent guide. Wondered if the rent increase notice will also need to be included somewhere? 

The rent increase was from the LHA rate of £1595.62 to £1750 an increase of 9.7% which is fair considering rising costs. Tenant has been paying old rate but had had issues since the beginning of the tenancy...

I have done research and this video has been helpful but just this 1 question I am not sure about and do not want it to mess up my application. https://www.youtube.com/watch?v=fPxggQiZ-8M&list=WL 


Thanks 

tacpot12

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

[Deleted User]

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

Perfect thanks.

She has arreas but just want the property back will let that go.

Rented 4 bedroom in London which is unaffordable but all 3 children now over 18 and I am ready to start afresh. 

propertyrental

Zoe02 said:

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

She has arreas but just want the property back will let that go.

How much are the arrears (in relation to the rent? 1 month's? More? Less?)

You'd be wise to serve a S21 and a S8 (either G8, 10 &/or 11 as appropriate)

CKhalvashi

propertyrental said:

Zoe02 said:

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

She has arreas but just want the property back will let that go.

How much are the arrears (in relation to the rent? 1 month's? More? Less?)

You'd be wise to serve a S21 and a S8 (either G8, 10 &/or 11 as appropriate)

S8 will probably go through quicker also.

S8 generally requires 2 months' arrears as a statutory ground. If you don't know what you're doing it will be worth paying someone to do it for you as you don't want errors on paperwork.

[Deleted User]

propertyrental said:

Zoe02 said:

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

She has arreas but just want the property back will let that go.

How much are the arrears (in relation to the rent? 1 month's? More? Less?)

You'd be wise to serve a S21 and a S8 (either G8, 10 &/or 11 as appropriate)

Since the beginning of the tenancy paid rent late after reminders.

Claims to be struggling even before the cost of living crisis but has a professional medical role and 3 grown up children liing with her.

Rent went up by like £150 since december so currently about £418 in arreas about 25% of 1 month's rent.

She has been paying the old rate of rent after reminders but do not want to continue like that.

[Deleted User]

CKhalvashi said:

propertyrental said:

Zoe02 said:

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

She has arreas but just want the property back will let that go.

How much are the arrears (in relation to the rent? 1 month's? More? Less?)

You'd be wise to serve a S21 and a S8 (either G8, 10 &/or 11 as appropriate)

S8 will probably go through quicker also.

S8 generally requires 2 months' arrears as a statutory ground. If you don't know what you're doing it will be worth paying someone to do it for you as you don't want errors on paperwork.

I am going through with the accelarated posession.

I have all my paperwork in place and posting 3 copies later today.

propertyrental

Zoe02 said:

propertyrental said:

Zoe02 said:

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

She has arreas but just want the property back will let that go.

How much are the arrears (in relation to the rent? 1 month's? More? Less?)

You'd be wise to serve a S21 and a S8 (either G8, 10 &/or 11 as appropriate)

Since the beginning of the tenancy paid rent late after reminders.

Claims to be struggling even before the cost of living crisis but has a professional medical role and 3 grown up children liing with her.

Rent went up by like £150 since december so currently about £418 in arreas about 25% of 1 month's rent.

She has been paying the old rate of rent after reminders but do not want to continue like that.

Then you can use S8 G10 and G11.

If rent arrears are = 2 months, use S8 G8 too.

see
Schedule 2 

Faster that S21 so do both.  Belt & braces.

[Deleted User]

propertyrental said:

Zoe02 said:

propertyrental said:

Zoe02 said:

tacpot12 said:

As this is a Section 21 claim for possession, you don't need to mention the amount of rent.

If you were making a Section 8 claim for possession (due to rent arrears), you would need to show the tenant's rent account, and if the tenant hasn't accepted the rent increase (as in your case), you can only show them as being in arrears for the old rent amounts. If the tenant had accepted the rent increase, you would need to supply evidence of this (it would be an addendum to the current tenancy agreement) and then you could use the new rent amounts in the rent statement after the date they accepted the increase. 

You might to review this webpage on the Shelter website to check that you have done every thing correctly with respect to the Rent increase: Rent increases in a periodic tenancy | Shelter England - Shelter England

Although it's not relevant to a Section 21 claim for possession, you don't want the tenant to be able to score any points in court. 

She has arreas but just want the property back will let that go.

How much are the arrears (in relation to the rent? 1 month's? More? Less?)

You'd be wise to serve a S21 and a S8 (either G8, 10 &/or 11 as appropriate)

Since the beginning of the tenancy paid rent late after reminders.

Claims to be struggling even before the cost of living crisis but has a professional medical role and 3 grown up children liing with her.

Rent went up by like £150 since december so currently about £418 in arreas about 25% of 1 month's rent.

She has been paying the old rate of rent after reminders but do not want to continue like that.

Then you can use S8 G10 and G11.

If rent arrears are = 2 months, use S8 G8 too.

see
Schedule 2 

Faster that S21 so do both.  Belt & braces.

The 2 months notice is up with the s21 notice.

The s8 it is not up to 2 months rent arrears she has paid it down to just about 1 week's rent been owed. 

I do not want to go for hearing.

The main pro with s8 is just 2 weeks notice.

Already paying £355 for s21 want to keep costs and stress to a minimum. 

macman

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.
You didn't list the EICR in your documentation? It is assumed that you have protected the deposit?

_Penny_Dreadful

Is this the property where you're not actually the landlord of the person(s) occupying the property as you have a contract with Mears who has a contract with the council who has a contract with the woman living in the property?