UK Landlord Forum / Life

Hi, I wonder if anyone can advise what documents I should send to the court along with the n5b form when making an application for an accelerated possession order?

I realize that the original and most recent AST agreements should be included along with the deposit certificate, the form 6a notice and certificate of service (ie: the ones to tick in the boxes on page 7 of the n5b - BUT is it wise to include anything else not mentioned on page 7? for example is it a good idea to also include copies of things like all the Gas Certificates, the energy certificate, the how to rent guide, certificate of recent service of these or the deposit prescribed information? Is the inclusion of all that additional stuff likely to help or confuse my case? I also understand that whatever I include, I should send them a set for the court and a set for each named tenant. I am just unsure as to what exactly it's best to include in each set - Thanks

My advice based on nothing more than exerience in one county court (mostly my places in the same jurisdiction)....
Send in everything but put a cover sheet and dividers for each set and make is soooo obvious that everything you need to serve is in place. The more you look organised and professional the less questions will be raised.

With the new regulations (and I have a little less experience obviously since Oct 2015 (as less time as elapsed)) it seems judges are looking for this stuff as it is front of their mind.  Never been refused a possession but I freely admit that is probaly largely luck.

Please note however..all my documents are signed and dated by the tenant (except the gas cert) [I even append them to the tenancy agreement] so there is no question as to whether they were served or not.  If yours are not then you have a decision to make, I would suggest on your cover sheet write it out with the date the document was served.

Best of Luck

Thanks, do you usually include the most recent Gas Certificate or the (unsigned?) one that was given to the tenants when they originally moved in?  Did you also get them to sign for receiving the HIPS and How to Rent Guide?  My concern is that the most recent gas certificate is signed by these tenants but the one that was originally shown to them when they moved in was signed by the previous tenant and even though the estate agent has told me they were given it, they don't have the tenants signature as having received it.

Just the last gas cert (labelled "Lastest" Gas Certificate) should be enough.
depending on the tenancy if you have lots certificates I know one chap who submitted them all - so he looked professional to the judge.
if you have the last one then putting the first one in wont be an issue and I would do so.

HIPS? You mean only the EPC right? I wouldnt give them a full HIPS package - that might confuse things
I have Annexes A-J in my rental agreement as set out below, so that there can be zero dispute as to whether things we served or not at the outset.
The only thing missing is the little note that the smoke alarms were tested but that is on the day of moving in and I cant see how that can be in the agreement beforehand.
That way the EPC cert and the How to Rent Guide are automatically "signed" by the tenant when they sign the agreement.
(It also forces you to make sure you havent forgotten anything)

Annex A: Antisocial Behaviour   
Annex B: Fire Risk Assessment   
Annex C: Legionnaires Assessment   
Annex D: Energy Performance Certificate   
Annex E: Gas Safety Certificate   
Annex F: Superior Lease or Head Lease   
Annex G: Prescribed Information for Deposit Protection   
Annex H: Landlord Insurance   
Annex I: How to Rent Guide   
Annex J: [council] Property Rental Licence

If this is your first eviction then I can understand the concern and perhaps awe at maybe even a first brush with the English judicial system but if you have gone down s21 accelerated possession and have the docs which you seem to do I would hope it will be relatively painless for you.

Just prepare for the requirement for a bailiff .... (next step)

Best of luck

Thank you, I am at the mercy of the AST agreement that my estate agent did, yes I meant the energy certificate which is 7 pages, I am thinking perhaps I shouldn't include it but have it ready to provide if asked, the agent did give it to the tenant when they moved in but to be on the safe side I sent the tenant the energy certificate and the how to rent guide just before issuing the section 21 notice signed for by recorded delivery. I have put a little note to this effect on pages 4 and 5 of the N5b just under the question about the date the tenant was given these.