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Question

Applying to Court for Possession — Accelerated Procedure (England)

Filing a Section 21 at the court

7 Feb 2018 | 8 comments

Hi, When taking the Section 21 documents for an accelerated possession application to the court, should a cover letter be included in the package and if so, what should it say? also who should the £355 cheque be made payable to? (and what should be written on the back of the cheque?) Thank You

Answer

8 Comments

  1. guildy

    There should be no need for a covering letter.

    The payee is HMCTS and nothing needs putting on the back. I think this information is on the guidance page too.

  2. Jackson

    Thank you! I have 4 sets of all the docs, each set in it’s own plastic folder with typed stickers on with my name (as claimant), my email address, phone no and the property address . . . . . and another sticker on the front of each of the 4 sets that say ‘Court copies’, Claimant Copies (my name and address), Tenant 1 Copies (T1 name and address), Tenant 2 Copies (T2 name and address – they are a husband and wife both named on the AST agreement) . . . does this sound all OK to you? . . . so if the cheque goes in with the ‘Court Copies’ set £355 to HMCTS and then everything in a larger clear plastic bag with the court set at the front? . . . and just hand it in at the Court office?

  3. guildy

    Don’t think the plastic sleeves are necessary because the copies need to be identical (if they are separated with different names via stickers they may think the contents are slightly different).

    Just hand in 3 copies and retain one for yourself.

    No need to do anything more than what our guidance says.

  4. Jackson

    Thanks, so the Court only sends out one set to each defendant? (I thought the court also needed to be given the claimant set to stamp/number) . . . Do they send anything out to the claimant? like a receipt or anything? . . . . . So on the paperwork, am I best to just make up a pile like: (cheque on top), then: N5b form (the 7 pages stapled together)- 3 identical sets of this on top of each other . . . then the Form 6a (2 pages stapled together)-3 identical sets on top of each other . . . . . then the Deposit certificate-3 copies on top of each other . . . . then the oldest tenancy agreement (stapled)-3 sets on top of each other . . . and so on and so forth? essentially a big pile of duplicate copies of each included document, all put in one big envelope for the court to choose and separate which copies they retain and which ones to send to each defendant?

  5. guildy

    Please just follow the guidance here.

    The notices etc. need attaching to each form and not separated. Each document needs to be marked as stated in the guidance (for example the tenancy agreement is to be marked A).

  6. Jackson

    Thanks for the reminder to mark the attachments and put them in the order you suggest (that pile would be too thick to staple together as one set under the N5b form) – my confusion is how to present the court with the 3 sets of this – if they are all attached together in that order (like 30+ pages), do I not still end up with 3 complete sets of this (Form N5b being on top) – the same as my original question but with the pages marked and no plastic folders?

  7. guildy

    Forget copies for the moment and just do one form complete.

    Take the n5B and staple to it the tenancy agreement, section 21 notice, deposit certificate and anything else you need to mark as per the back page checklist on the form.

    You now have one complete bundle stapled together of the form and all it’s attachments.

    Repeat another 3 times.

    Keep one for yourself.

    Send the other three with a cheque to the court.

  8. Jackson

    OK thank you, I just have to figure out a way to get the staple to go through all that.

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