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Incorrect N5B form served


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Hi,

 

I had received an N5B. The first three pages are correct, the last page with the statement of truth, etc, is missing and replaced with another page 2. Therefore I don't even know if the landlord signed it. I went to the court and the copy they have on file is correct with the last page there. The lady looked at mine and said I should fill out the defence form and say the form we received is not served as it is not complete, and exhibit the form we got as evidence. This would mean that the judge "might" strike it out and they would have to do it again.

 

We have a separate defence about the serving of the Sec 21, so should I just go with the N5B being incorrectly served or add everything else as well. Is is normal for a judge to strike out because N5B incomplete when served?

 

Thank you!

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Hi,

 

I had received an N5B. The first three pages are correct, the last page with the statement of truth, etc, is missing and replaced with another page 2. Therefore I don't even know if the landlord signed it. I went to the court and the copy they have on file is correct with the last page there. The lady looked at mine and said I should fill out the defence form and say the form we received is not served as it is not complete, and exhibit the form we got as evidence. This would mean that the judge "might" strike it out and they would have to do it again.

 

We have a separate defence about the serving of the Sec 21, so should I just go with the N5B being incorrectly served or add everything else as well. Is is normal for a judge to strike out because N5B incomplete when served?

 

Thank you!

 

Is this to do with your previous posts http://www.consumeractiongroup.co.uk/forum/showthread.php?361058-Mother-in-law-with-dementia-could-be-kicked-out-by-private-landlord&p=3937914&viewfull=1#post3937914

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Yes! The original Sec 21 served was incorrect, so they had to re serve using the correct part of the legislation and that expired in December. But the forms are incomplete as above. And they did not serve my mother-in-law because the second Sec 21 letter was only addressed to my husband and myself although the Sec 21 Notice included her. I have kept the envelope. That was her defence, but as the N5B has been served incomplete, I was wondering if I go into that as well. I suppose the danger is that the judge would let them get away with incomplete forms and if I haven't evidenced the non-service of my mother-in-law it might be too late.

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