Stage 2: Starting court proceedings for possession (rent arrears)
Use this pack after correctly serving a notice seeking possession under section 8 of the Housing Act 1988 where the tenant(s) has failed to pay the rent arrears in the time stipulated in your notice.
The documents contained in this pack give you everything you must use in order to start court proceedings, obtain an order for possession and to obtain an order for the tenant(s) to pay the rent arrears (if they do not issue a defence at court disputing your claim). The pack contains all the court forms, letters and ancillary documents, such as schedules and witness statements, required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant will be liable to pay for them.
You should start the process by using the documents ‘Form N5 - Claim for possession of property (rent arrears only)’, ‘Form N119 – Particulars of claim (rent arrears only)’and ‘Schedule of rent arrears for form N119’. You should then send these completed documents to the court along with the associated covering letter ‘Covering letter for claim form N5 & N119’.
The document notes that come with these documents will explain which of the documents included in this pack you will need to use next or view our flowchart .
If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the ‘accelerated possession procedure as this process is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.
Pack documents:
• Form N5 - Claim for possession of property (rent arrears only)
• Form N119 – Particulars of claim (rent arrears only)
• Schedule of rent arrears for form N119
• Covering letter for claim form N5 & N119
• Updated rent arrears schedule and witness statement for possession hearing
• Schedule of costs for applications to court to recover costs
• Form N215 - Certificate of service
Stage 2: Starting court proceedings for possession (rent arrears)
Use this pack after correctly serving a notice seeking possession under section 8 of the Housing Act 1988 where the tenant(s) has failed to pay the rent arrears in the time stipulated in your notice.
The documents contained in this pack give you everything you must use in order to start court proceedings, obtain an order for possession and to obtain an order for the tenant(s) to pay the rent arrears (if they do not issue a defence at court disputing your claim). The pack contains all the court forms, letters and ancillary documents, such as schedules and witness statements, required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant will be liable to pay for them.
You should start the process by using the documents ‘Form N5 - Claim for possession of property (rent arrears only)’, ‘Form N119 – Particulars of claim (rent arrears only)’and ‘Schedule of rent arrears for form N119’. You should then send these completed documents to the court along with the associated covering letter ‘Covering letter for claim form N5 & N119’.
The document notes that come with these documents will explain which of the documents included in this pack you will need to use next or view our flowchart .
If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the ‘accelerated possession procedure as this process is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.
Pack documents:
• Form N5 - Claim for possession of property (rent arrears only)
• Form N119 – Particulars of claim (rent arrears only)
• Schedule of rent arrears for form N119
• Covering letter for claim form N5 & N119
• Updated rent arrears schedule and witness statement for possession hearing
• Schedule of costs for applications to court to recover costs
• Form N215 - Certificate of service
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This document creates a covering letter to the court for a landlord issuing an application for a possession order for rent arrears for assured shorthold tenancy agreements. To use this document, you will need to have already completed claim forms N5 and N119. This document can only be used in England & Wales.
Important: Although you can still send the court a possession claim, temporary coronavirus (COVID-19) measures mean they won't progress it until at least 23 August 2020.
The N119 particulars of claim form should be used when applying to court for a possession order if there are rent arrears. It is used for rented residential properties let under either an assured tenancy agreement or assured shorthold tenancy agreement. It must be completed together with Form N5. Once completed, both forms must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales and should not be used for claims using the accelerated possession procedure.
Important: Although you can still use this form, temporary coronavirus (COVID-19) measures mean the court won't progress your claim until at least 23 August 2020.
You can only use it if you are a private landlord seeking possession against a tenant with an assured or assured shorthold tenancy agreement solely on the grounds of rent arrears.
It must be completed together with Form N119. Once completed, both forms must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales and should not be used for claims using the accelerated possession procedure.
Important: Although you can still use this form, temporary coronavirus (COVID-19) measures mean the court won't progress your claim until at least 23 August 2020.