Updating post from Reddit.

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QUESTION
Posted by pfta13264 1 week ago
Help preparing N5b pack for court/ Accelerated Possession

Hi all, seeking some help when preparing my N5b pack please.

S21 has expired and I am applying for Accelerated possession. This is my first time doing this.

I’ve made four copies of everything. Do i put these in card envelope folders and give four of them to the court? (Court, Tenant, Claimant 1, Claimant 2)

Should they be in ring binders?, envelope folders? something else? I believe my local court doesn’t take in-person delivery - you have to put it through a letter box outside - so do you put the 4 envelope folders into another larger package? Anything other important tips?

Apologies for the basic question, just wondering what everyone else currently does/ best practice.

Thanks in advance

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Posted by big_seaplant 1 week ago

1 copy for you (to bring to any court hearing), 1 copy for the court, 1 copy for each joint tenant.

Service of documents on the tenant should be at the relevant address (of the property) - 1st class, signed-for service will suffice for this, in-person delivery would also suffice ensuring that you picture/video yourself delivering the court papers.

Note that in-person service at the address does not require you to hand the documents to the tenant; putting them through the letterbox suffices for service of legal documents. (This, legally, is 'Delivering the document to or leaving at a permitted place' as mentioned on the N215 below).

Ensure you complete an N215 certificate of service for each pack that you serve on the tenants. Read the form, particularly the reverse page. You don't need to give these to the tenant but you could include copies with your pack to the court and you should definitely have these available for any court hearing. These are you signing to say that you've served the documents using one of the prescribed methods of service for legal documents. This, in addition to photo/video evidence of self-service, or record/receipt of 1st class signed-for postage is your evidence that you've served these documents. You should ideally complete one of these for your Section 21 Notice too.

Card envelopes is fine. I use regular old paper envelopes but there's no risk with doing something a bit sturdier.

You don't really need to organise the documents much. I recommend chronological order, makes it clear then to the judge what the timeline is. ie:

  1. Tenancy agreement
  2. Relevant docs- DPS certificate, gas safety, EPC, EIRC, How To Rent
  3. Any relevant correspondence/letters relating to the tenancy, notice (unlikely to have any of these)
  4. Notice & any covering letter
  5. Relevant certificates of service as explained above
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Posted by Distinct-Shine-3002 1 week ago

OP says the S21 they served has already expired.

OP now needs to provide 4 sets of N5 to the court, and the court will post the copies to each claimant and defendant and retain one set for them.

The relevant docs do need to be in order and clearly marked e.g. A, B, C..

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Posted by big_seaplant 1 week ago

Interesting. Differs to the process I'm used to where claimant needs to serve on defendant(s) and on the court.

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Posted by Distinct-Shine-3002 1 week ago

The rules changed in 2020

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Posted by Distinct-Shine-3002 1 week ago

Put a separate paper clip on each set and attach your cheque of £404. Place them all in 1 large A4 envelope.

Just pop it into the courts post box, and there is no need to hand in person.

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Posted by pfta13264 1 week ago

Thank you, managed to get it clipped together and submitted.

Some advice for next time though - Where you have 4 copies like i had (Court, tenant, claimant 1 and claimant 2) - do you still provide all the documents for the claimant copies too? - i understand the N5b copies are probably mandatory, but i clearly dont want/ need all the copies of gas certs, how to rent guides etc. Since there were a number of ASTs over the years, the bundle was hundreds of pages. So, can i just copy N5b for the claimant copies, and complete bundle for Court, and tenant?

Thanks,

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Posted by phpadam 1 week ago

Just one big envelope, with paperclip for each bundle.

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Posted by pfta13264 1 week ago

Thank you, managed to get it clipped together and submitted.

Some advice for next time though - Where you have 4 copies like i had (Court, tenant, claimant 1 and claimant 2) - do you still provide all the documents for the claimant copies too? - i understand the N5b copies are probably mandatory, but i clearly dont want/ need all the copies of gas certs, how to rent guides etc. Since there were a number of ASTs over the years, the bundle was hundreds of pages. So, can i just copy N5b for the claimant copies, and complete bundle for Court, and tenant?

Thanks,

Reply