Eviction problems with form N5B

se2020

Brief version,

I became an involuntary landlord after the original landlord died and named me as executor of the will.

I have served a section 21 on the tennents, that notice period has passed and they are still refusing to leave.

I am now applying for an accelerated possession order using form N5B and having the following problems:

Q6-8 I do not know the date the property was originally let out. Sometime in 2000 is the best I can find.

I have a copy of the most recent tennancy agreement which covered 2024-2025. The S21 was issued shortly after this one ended.

I am guessing, as there was a written agreement for 24-25, there would have been one each year but I am unable to find them.

The form asks me to provide a copy of each agreement and mark them A1, A2 etc.

Q15, asks if the property is genuinely for sale.

It is not currently for sale. The will creates a PDIT of this rented property to a 3rd party hence possession is needed so the 3rd party can take possession of it. Alongside that I have no intention to stay as landlord but the way this question reads seems to suggest I can not claim possession unless I wish to sell the property? Is that correct?

Q17, Asks if a valid gas safety certificate was given to the tenant before occupation of the property. I do have all of the gas safety certificates but as I don't know what date they moved in I don't know if they were provided before this or not.

Q17B, Asks for date of issue of the gas safety certificates and the date when they were given to the tennents. Again, I have them all and presume copies were given to the tennents but I don't know the dates.

How do I proceed with this?

Covering letter?

Keep_pedalling

Are you also a beneficiary of the will? If not I would be highly tempted to dump this on the beneficiaries once you have probate.

se2020

https://forums.moneysavingexpert.com/discussion/comment/81979539#Comment_81979539

Yes, I am a beneficiary so it's in my own interest to deal with the hassle!

theartfullodger

Apologies but you do not appear to even know how to spell tenant correctly. It may thus be prudent to get a qualified lawyer specialising in landlord/tenant matters to handle things.

I've made mistakes out of my ignorance as a landlord. Painful, expensive, long drawn out. Not recommended!

Good luck.

Isthisforreal99

As above you are out of your depth with missing agreements etc. Get professional advice or any eviction attempt will fail on a technicallity

se2020

https://forums.moneysavingexpert.com/discussion/comment/81979564#Comment_81979564

Thats the autocorrect on my phone due to my day job being involved with the sale of alcohol!

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/6665957/eviction-problems-with-form-n5b

Q15 asks..

Has the Claimant been served with a relevant notice in relation to
the condition of the property or relevant common parts under s.11,
s.12 or s.40(7) of the Housing Act 2004?

Have you been served such a notice? If not you tick no and go straight to Q16, therefore no need to answer Q15i.

Where things get sticky is around the service of gas safety certificates. Courts have decided not to award possession orders due to missing or incorrectly completed gas safety certificates. Cassell vs Sidhu went through the courts for years only reaching a resolution last year. I would suggest taking a punt at the key dates e.g. the 2024-25 fixed term AST is likely to have started the day immediately following the end of the original fixed term. However, you need to sign a 'Statement of Truth' at the end of N5B so it depends on your appetite for risk.

You could, rather than use accelerated possession, because you're missing key information go down the N119 route but that means having a hearing. Alternatively you could wait until 1st May when the Renters Rights Act 2025 is in force and use a Section 8 with the new ground 1A.

GrumpyDil

Problem with waiting is that valid grounds for possession are sale or moving in of close family. Not sure either one of those is satisfied here.

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/81980058#Comment_81980058

I'm a little confused by what the OP is trying to achieve.

Assuming that PDIT stands for Post‑Death Interest Trust, and the 3rd party requires possession but for what purpose? If it's to live in themselves then ground 1 (occupation by landlord or family) could be an option. If it's so that the 3rd party can receive rental income then no need to evict the current tenants.

saajan_12

https://forums.moneysavingexpert.com/discussion/6665957/eviction-problems-with-form-n5b

I have served a section 21 on the tennents, that notice period has passed and they are still refusing to leave.

..

I have a copy of the most recent tennancy agreement which covered 2024-2025. The S21 was issued shortly after this one ended.

When exactly was the S21 served? There's a limit on how long you have to go to court before the S21 becomes void and you have to start again.

se2020

https://forums.moneysavingexpert.com/discussion/comment/81980268#Comment_81980268

I'm running out of time.

I've given them as long as possible to find somewhere else but they have made no effort to do so.

https://forums.moneysavingexpert.com/discussion/comment/81980122#Comment_81980122

None of us want to be landlords.

Even if we did, the current tenants won't leave because they can't find anywhere else for anything like the same price (and can't afford to pay any more than what they pay now)

It would hardly be a smart business decision to keep renting it out at well below market rate with tenants that can't afford to pay market rate.

There is no intention to sell the property at this stage.

If a 'close family member' wanted to move in would that need to be a member of the deceased landlords family, the executors/current landlord family or a member of the 3rd parties family?