Notice 21 (4) A , N5B dates and detail help

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M
Miles
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Hi All,

I am new to this and was looking for some help with following through an eviction correctly.

Background
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Initially property let through letting agent on an AST, who then absconds and continued to with-hold payment as the tenant advised their payments were being made. Agent failed to respond to the landlord and after the landlord lost a lot of money, the property was taken back. A new AST was formed with the landlord as the recipient of the rent and not the agent. Some of the rent paid by council via Housing Benefit direct to the Landlord in a 4 weekly cycle as per HB cycle and in arrears of rent due. Remaining rent due (difference between rent due and HB received) is made up by the tenant. Unfortunately the shortfall of rent due from the tenant directly has not been paid regularly and has continued to grow despite several requests and agreements to pay. Plans put forward by the tenant for clearing have not been met and now this has accumulated to nearly 3K. There are no deposits involved as non were taken. The tenancy has been on a periodic now for about 8 months.

Require:

Notice 21(4)a has been served by hand 13th Dec 2014 with a service date of 15/12/2014 and service witnessed. Expiring date given as 1 day before agreement start date 19/02/2015. Is this ok, particularly if the agreement signed date is a little later than start date of 20/05/2012, i.e signed date = 28/05/2012. Have I served it correctly with the correct details?

Now I just wanted to start preparing for N5B and Court Order for possession and wanted to understand what date needs to be entered in q2 of N5B? (On the most recent agreement [i.e the one between the landlord and the tenant directly without the agent] the agreement start date is 20/05/2012 and the signed date is 28/05/2012) Which one of these dates needs to be entered? I am assuming 28/05/2012 even though the tenant had agreed verbally for the new tenancy to start 20/05/2012. Also what would be classed as tenancy 'A' and tenancy 'A1'? What date is being asked for where reference is made to more than one tenancy? Should I be proving the tenancy which the agent has set-up first and which went into a periodic one? or it is irrelevant as there is a more recent new agreement in place when the notice 21 was served?

q3 - the first tenancy would that with the agent I am assuming and it was definitely after 28 Feb 1997. So only the first part would be applicable an everything below or is redundant. Please confirm for me.

q4 - the property remained the same as did the ultimate landlord. Only when there was an agent payment was received by him but landlord still remained the owner. So both answers should be "yes". Please confirm this is correct

q5 - What date should be entered here the date personally delivered (a weekend) or the next business day i.e 15/12/2014

What other documents should be sent with the N5B?

Really appreciate your help here.

16/12/2014 18:42

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