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Tuesday, March 08, 2011


Property Sparrow is pleased to report that she has got a possession order against one of her tenants. This follows a s.21 notice.

She's pleased because this tenant has completely forgotten the meaning of the word 'rent.'

He may hand the key in on or before the possession date. He may not. She's past caring. If he doesn't she has her N325 Request for Warrant Form ready and waiting.

A few more days to wait and then she can start to get back a sense of order.

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E Runde said...

Well done Sparrow! How much do you think this whole issue will end up costing you (apart from lost rent?). What are your chances of ever seeing any money back from the tenant?

The law seems to be designed to penalize landlords and favor rogue tenants...

Gareth C Thomas said...

Yes well done Sparrow.

I've issued a S21 notice. I need some help to prepare the N5B forms for court action once the notice has expired. I want this tenant OUT asap. I'm using the accelerated possession route. I have to make sure the forms are completed correctly and some of the questions are pretty complicated, with not much explanation from the guidance notes.

Would someone please consider walking me through the form. Shouldn't take more than 10 minutes.

Leave a comment with a way I can contact you or email me at garethcthomas (AT) gmail DOT com.


Property Sparrow said...

Thank you for your comments.

Property Sparrow has spent £150.00 to get this far, that's the issue fee to the court for the possession order after the s.21 notice expired. That's dwarfed, of course, by the rent loss at £500 per month and she does not want to tell you what the total arrears figure has risen to! Then there'll be the bailiff's fee,£90, plus a locksmith on the eviction day and whatever repairs are needed before the flat can be re-let. Property Sparrow thinks that the legal fees are not bad: it's worth trying to do this yourself rather than paying a solicitor and you remain in control of the situation. She doesn't expect to get anything from the tenant even though the order includes costs. Has anyone ever applied for unpaid court costs afeter an eviction, is it worth doing?

About the N5B claim form to fill in after your s.21 notice has expired, Property Sparrow agrees and wishes the instructions were in plain english. To take it page by page: page 1 put your name and home address as the claimant and your tenants name and address in full as the defendant. Your tenant's name and address also at the bottom of page 1, on page 2 put your tenancy's address in full under para 1, cross out para 2 by drawing a line through the paragraph with a ruler, para 3 put the tenancy start date in full i.e. 12 March 2011, at the end of para 3 add any other more recent date from which you may have extended the tenancy, para 4 b) and c) cross these out with more ruled lines across, cross out the whole of para 5 with ruled lines, para 7 put the date your s.21 notice was served and then the expiry date, cross out para 8a) and 8b) unless your property is a HMO, para 9 tick 'yes' for a) if that applies, tick 'no' for c) if that applies, sign and date in para 13 with your own full name and delete all words except 'claimant'.
Take a photocopy of your completed form before you post it back. Use black ink.

Wait for about 6 weeks to hear back from the Court. The court's letter will, in Property Sparrow's experience, come in a small plain white envelope with a real second class stamp on it, not a franking mark. This is to make it more likely that you and your tenant will open the letter and read it, as it looks like a personal letter rather than something from a court.
NB Property Sparrow is not a solicitor but hopes this is of some help. She is sure that the Editor or others will be able to add more details on the website about precisely how to fill the forms in - perhaps someone could send you a mock up to copy from? Good luck with your case.

Property Sparrow said...

Thank you for your comments. Property Sparrow has spent £150 so far - that's the fee for the court application. It's dwarfed by the rent loss, of course, £500 per month. There'll be the bailiff fee and the locksmith on the eviction day to pay for but Property Sparrow thinks these fees are not bad considering that she will get the flat back.

About the N5B form, yes, Property Sparrow wishes the instructions were in plain English. She hopes that someone with a scanner can send Gareth a copy of a completed form so that he can just copy it. Sorry, Property Sparrow does not have a scanner but it should be quick and easy to copy someone's form. Use black ink and photocopy it before you post it then you can remind yourself what to do next time. Then, wait 6 weeks to receive a letter from the Court. Good luck with your case.

The Editor said...

Hi Gareth,

Thanks for your comments. I've prepared a little help sheet on how to fill out a N5B. Hopefully, this may be of some help. This is due for publication this Friday.