Filling out Form N5B Accelerated Possession Order for evicting tenant?

Hi
My understanding of the law is that you cannot have an agreement to agree.

Hi Chris

Q.6 The answer is the date the tenancy actually began not the date you entered into the agreement for the tenancy so you are correct - the date should be 10 November 2020

Q.7 This is the date the tenancy agreement was completed - the tenancy agreement is completed on the date the last party signed it. Usually the agreement is dated and signed by both parties at the same time but sometimes one of the parties may sign on a later date. If both parties signed on 28 October 2020, that is the correct date.

A tenancy agreement is an agreement by the landlord to convey an interest in land to a tenant from a specific date. It does not have to be dated on the same day the interest actually passes to the tenant. For any tenancy up to and including a period of 3 years (but not more), the tenancy agreement does not even have to be in writing but can simply be "by parol" i.e. made verbally (Law of Property Act 1925 s. 54(2)). The principal reasons people enter into written agreements is for clarity as to what has been agreed and, in the case of AST's, so that you can use the accelerated procedure.

It will then be a matter of interpretation and which side of the bed the judge got out of.
We are talking of a written AST and not a verbal tenancy.
It is not just an agreement by the Landlord. There is also the Tenant.
The general principle is: either you agree or you do not agree.
You cannot agree to do something in the future.
It is uncertain and unenforceable.
Let us first look at the evidence, which is the written document and its date.
Parties can sign in escrow, and make sure both parts have the same date.
We now have the evidence of the agreement.
The Agreement should grant the tenancy from the date which is the evidence of the Agreement which is both signed and dated.

Thanks for the replies.
So yes basically I can fill in Question 6 correctly as that was the date that the lease was starting for the tenant as per the terms of the AST.
The written AST I have with the tenant was drawn up by another party on the date of 28 October 2020 so 13 days before the start of the lease on November 10 2020. Now the tenant and myself signed the AST on the November 11 2020 which is shown on the AST. Therefore what date do you think I should put for answering Question 7?

Hi Chris

The date you insert is the date you both signed the agreement on 11 November 2020. A tenancy agreement can post-date the start of the tenancy - it is not uncommon.

I wish you luck...

Hello, let me explain the situation I am wanting to evict a tenant via the Accerated possesion method using the N5B form. On question 6) it states" On what date was the property let to the defendant by the way of a written tenancy agreement.?

history:
I purchased the property 10 years ago and I leased it to an estate agent on 3 year guranteed rent scheme. They guranteed me the rent and the agent had an AST directly between themselves and the tenant. When the 3 year lease expired I decided to keep the tenant and did an AST between myself and the tenant direct, so at that point the tenant became my tenant for the 1st time even though they had lived in the property for years prior.

In relation to the above question, do I put the date that I had an agreemnt with the tenant or the date that the tenant moved in via an AST with the estate agent?

If its the date the tenant first moved in, I do not have those AST's as it was between the agent and tenant. Is that even relevent in this case?

If I put the later date, when they became my tenant, should I let the judge know about the details via a seperate letter?

Also is it possible to submit the form and attachments via email direct to the court?

Thanks

Yes that sounds right from what you have said. You put the date the tenant was able to take up occupation in Box 6 and Box 7 the date of the AST itself.

Reply to the comment left by SCP at 09/11/2021 - 10:17
Hi, I think you are thinking of clauses/conditions in documents that could result in a legal document (or at least the relevant clause) being held invalid due to uncertainty.

That's not the case here as all that is happening is the parties are agreeing to something 'certain' taking place at a future date. That something 'certain' is known at the outset of the agreement so I don't see there being any issue with the actual commencement of the tenancy being at a future date. Best, Charles