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
• Possession claim notice: effect of the coronavirus pandemic on the tenant
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
• Possession claim notice: effect of the coronavirus pandemic on the tenant
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This document can only be used in England & Wales.
You must not send this letter (or the N5 and N119 forms) to the tenant if you're told that they've been granted formal 'breathing space' from the rent arrears debt under the Debt respite scheme.
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 should not be used for claims using the accelerated possession procedure.
Complete it together with Form N5. Once completed, both forms must be sent to the relevant court together with the appropriate court fee.
If you've been told that your tenants have been granted 'breathing space' under the debt respite scheme, you can't send either form during this period without first getting a court's permission.
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 should not be used for claims using the accelerated possession procedure.
Complete it together with Form N119. Once completed, both forms must be sent to the relevant court together with the appropriate court fee.
If you've been told that your tenants have been granted 'breathing space' under the debt respite scheme, you can't send either form during this period without first getting a court's permission.
There are 3 situations where you'll need it:
1. When starting a new accelerated possession procedure (i.e. section 21) claim, sending it with claim form N5B.
2. To prepare for a review hearing (unless you're appealing a possession order). A notice of review will be sent by the court if you have a claim to recover possession and rent arrears that started before 1 December 2021. It will require you to send a bundle of documents, including this one.
2. At any possession hearing (i.e. under the section 8 or section 21 procedure) for claims that were made on or after 3 August 2020. You must bring 2 copies to the hearing and give a copy to the tenants at least 14 days before it.
Note: There's also a 4th situation where you might need it. Government COVID-19 renting guidance says that you should send this document when starting a new claim with claim forms N5 and N119 (i.e. having previously sent the tenant a section 8 notice). However, this advice contradicts the official court procedure rules, so it's unclear if you need to send this document in this situation or how the court will react if you don't. It may be safer to send it anyway, as there's no harm in doing so.
You need to give it to the court and the tenant(s) at least 2 days before the hearing.