Court possession

teebaks

The tenancy agreement for my long-term tenant (10 yrs) was not renewed in Sept 2024, She is not in arears and section 21 was issued on the 17th of October. It was served with the required documents, including the EPC, How to Rent guide, signed Section 21 notice, and gas certificate.

I need the property for family use as my brother’s family has grown and now wants to move into the property.

The tenant is still in the property, waiting for homeless services to assist her in finding alternative accommodation. However, due to the high rental costs in the area and her replied to the court that she has health issues, securing a property has been challenging and no social housing available.

I completed the online court possession form on the 24th of January and have a court date set for the 20th of March. I submitted Forms N5, N119/N120, along with a payment of £391.

Is this the correct form to complete if the tenant is not in arrears for accelerated eviction process? The tenant has also requested for the hearing to be adjourned.

If this is the wrong form, how can I change my application to the correct one without incurring additional costs?

Thank you!

fatbelly

The N5 asks for possession and the N119 is for the particulars of claim

teebaks

Many thanks for the quick response, does this mean that I have completed the correct form and not need to contact the court for amendment?

fatbelly

If you have completed those forms then there shouldn't be a problem

theartfullodger

Checked s21 is valid? Many (many) are invalid - Google section 21 and both "nearly legal" and "shelter".

teebaks

theartfullodger said:

Checked s21 is valid? Many (many) are invalid - Google section 21 and both "nearly legal" and "shelter".

Thanks, the Section 21 was was downloaded from the gov site.

theartfullodger

teebaks said:

theartfullodger said:

Checked s21 is valid? Many (many) are invalid - Google section 21 and both "nearly legal" and "shelter".

Thanks, the Section 21 was was downloaded from the gov site.

You still need to check.  I'd bet tenant is checking and will advise court if there is an error (of prerequisites) that makes it invalid .

Educated or trained in s21 eviction?

teebaks

theartfullodger said:

teebaks said:

theartfullodger said:

Checked s21 is valid? Many (many) are invalid - Google section 21 and both "nearly legal" and "shelter".

Thanks, the Section 21 was was downloaded from the gov site.

You still need to check.  I'd bet tenant is checking and will advise court if there is an error (of prerequisites) that makes it invalid .

Educated or trained in s21 eviction?

Am not trained but downloaded the Section 21 and issued it to the tenant who has presented it to the homeless unit. They are the ones who prompted me that all 4 doc must be issued at the same time and it was then reissued.

theartfullodger

Check it (yourself) against
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid

&

https://nearlylegal.co.uk/section-21-flowchart/

teebaks

theartfullodger said:

Check it (yourself) against
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid

&

https://nearlylegal.co.uk/section-21-flowchart/

Thanks for providing both links, initially all doc were not provided at the same time and it was served again on the 17th properly with all required doc. This tenant moved in 10yrs ago and did not pay any deposit.