Updating post from Reddit.
I have recently served a section 21 to my tenant with all the appropriate paperwork in place, and with a expired Assured short hold tenancy. I am trying to prepare all my paperwork ready to apply to the courts for possession if and when the date given for them to leave expires I don't think the tenant is going to leave on the given date, I think the council will recommend they stay until bailiffs ? (hoping Im wrong ... but) . I know I have to have 3 copies of all the paperwork to attach and I have a copy of the N5B form to go through before completing it . Am I able to attach 'extra proof' of serving all the forms as I have photos, signed papers work that proves the service plus the 'proof of service official documents? The extra 'proof' of service is also in the form of dated letters and photographs that add weight to why I want them to leave even though I know this is a 'no fault eviction'. I have 1 property the tenant has rent arrears and the house and garden are back in a real state after a year and a half of this tenant living there, after a renovation lasting 3 months after the last tenants vacated. I am dreading waiting months for a possession order so I want to be able to go to the courts immediately if they don't move out. I foolishly believed they would take care of the property and pay the rent even though they are on full benefits. I have self managed due to so many poor experiences with my previous property managers, and this tenant was 'recommended' to me (sigh)
Is this your first time? I would recomend using a profeshional such as Landlord Action.
I hope your a emember of the NRLA, they have guidance on N25 applying to court and later guidance on N325 for applying for a baliff.
You talk about evidenceing service of the document? You want to look at Form N215 (Certificate of Service), and/or a witness statement. While additional documents (photos, etc) are not strictly required, you can include them. These can strengthen your case if there is a dispute, but the court will primarily focus on the official proof of service (Form N215 or witness statement).
You want to avoid unecessery bloat of unrelated documents, like if they damaged something the case is not about that.
As you say evertything needs three copies - one for court, one for tenant, one for you.
Ensure Form N215 (Certificate of Service) or a witness statement is completed accurately and included with Form N5B. This is what the court will focus on.
Thank you for the reply and useful advice re 'unnecessary bloat' . I am going to Join the NRLA I think. Luckily I 'served' all the certs, and 'how to rent', also have DPS certificate. Tenancy agreement, and 3 proof of service docs. The tenant has also signed (twice) in proof of document received both at the beginning of tenancy and luckily more recently (belt and braces) at a visit that then prompted me serving the section 21 soon after. The tenant then also asked me for a copy of the tenancy agreement (that they received agreed and signed 16 months ago) and had a hard copy of along with all the other paperwork So who knows what they did with all that ?? No doubt I will find it amongst the pile of rubbish they have been accumulating for months at the back and front of my property
If your tenants have rent arrears of at least two months, it might be quicker to use Section 8.
Not yet 2 months luckily they are only 1 month in arrears but on reflection I think this is not their first eviction 'rodeo' as they have paid late on a number of occasions over 16 months with various 'reasons' and they have kept giving me various dates for the arrears and different departments who are going to 'sort it out'.