Court Application - N5B Section 21 Evidence needed

When you make an application for possession, using the accelerated possession process the courts will check your paperwork [evidence below] provided everything is in order you will be granted possession. If anything is unclear or invalid, a hearing maybe called. This situation should be avoided it is a waste of your time] It is therefore critical you complete the forms clearly and mark the evidence as specified.

  • If you are invoking a break clause - Write clearly on a cover sheet with the AST (marked A) invoking break clause [e.g. clause 14.6) Otherwise a hearing may be called if the courts do not understand the reason why your section 21 is dated to expire before the end of the fixed term specified on the AST.
  • Change of Ownership from first Tenancy - Where you purchase, inherit or Transfer a property  additional rules apply. 

YOUR EVIDENCE Attachments

NUMBER OF COPIES OF EVIDENCE - Whilst the courts are silent on this the actual rule is
  • A copy of everything, Evidence and N5B per each claimant, per each defendant and a copy for the courts. Minimum would be 3. You must complete and send all copies along with your court application to the court where the rental property is located see court finder. - (NEVER send originals to the court and mark clearly ALL sets as below)


 The Judge will check Evidence answer on Question numbered  The Evidence - notes
 Marked
First Tenancy Agreement

 ALWAYS Q 6-7 Copy of the [first] written tenancy agreement marked. This means even if you purchased the property with a tenant in situ (former landlord agreement applies)
 A
Any subsequent Tenancy Agreements

If ever renewed YES all Tenancy Agreements even where not signed

Q 8

 Where one or more tenancy agreements have been entered into a copy of each such tenancy agreement marked (‘A1’ ‘A2’, ‘A3’, etc.)

If using the Deposit Insurance scheme - you must have purchased new policy when being renewed
 A1, A2, A3
Section 21 Notice
ALWAYS
Q 10
10A 		Copy of the notice saying that possession was required marked B
Proof of Service
 ALWAYS
Q 10c/e		 Proof of service of the notice requiring possession marked B1
Property Licence
 if licensable
Q 11a &b

Copy of the licence issued under Part 2 or Part 3 of the Housing
Act 2004 marked 		C
Pending
licence
 if applies
Q 11a &b		 Evidence of any outstanding licence application, notification or appeal under parts 2 or 3 of the Housing Act 2004 marked ‘D’ D
Deposit Certificate
 If Deposit unless returned Copy of the Tenancy Deposit Certificate, marked E
EPC Certificate Q16 Copy of the Energy Performance Certificate, marked F
GAS CERTIFICATE(S)
 IF GAS IN THE RENTAL
Q 17&a

 OR IF GAS IN AN HMO then
Q 17c 		Copy of the Gas Safety Record(s), marked ‘G’, ‘G1’, ‘G2’ etc.

NOTE IF YOU DO NOT HAVE ALL GAS SAFETY CERTIFICATES
  • The law has changed - provided valid gas safety before service of Section 21 you are typically OK. If no gas safety or tenant obstructing call us for other tactics apply 
G, G1, G2 etc
HOW TO RENT GUIDE
Ideally the MOST Recent version
ALWAYS
Q 18b/d
 Everybody misses this one Copy of the documents relating to compliance by a registered provider of social housing with Part 3 of the Pre-Action Protocol For Possession Claims by Social Landlords OR a copy of the document ‘How to Rent: the checklist for renting in England’ marked ‘
H