Stage 2: Starting court proceedings for possession (rent arrears)

Included in this service:

• Covering letter for claim form N5 & N119
  Use this covering letter to a county court to enclose the forms and documents needed to issue a claim for possession on the ground of rent arrears, for a property in England let under an assured or assured shorthold tenancy.

  You'll need to have already completed claim forms N5 and N119 (particulars of claim) and a schedule of rent arrears. You can use our 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 to do this.

  Note: If you've been told that your tenants have been granted breathing space under the debt respite scheme, you can't send this letter or issue a claim for possession without first getting a court's permission.

• Form N119 - Particulars of claim (rent arrears only)
  If you're looking to regain possession of a residential property let under an assured or assured shorthold tenancy, you can use this form to apply for a court order for possession solely on the grounds of rent arrears.

  This form must given be after you've sent the tenants a valid 'section 8' notice (seeking possession due to rent arrears) and the tenants haven't left or paid the arrears by the deadline given in that notice.

  This form must be completed together with Form N5 and a schedule of rent arrears. You can use our documents Form N5 - Claim for possession of property (rent arrears only) and Schedule of rent arrears for form N119 to do this. Once all these documents are completed, you can start your possession claim by sending them to the relevant court. You will have to pay a 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.

  This document must not be used for claims using the accelerated possession procedure - use our document Form N5B - Claim for possession of property (accelerated procedure) instead.

• Form N215 - Certificate of service
  The N215 certificate of service should generally be completed after having sent any court documents, such as claim forms or applications to the court, or other important documents to an opponent after (or sometimes before) court proceedings have begun. The form provides evidence that the documents have been served on an opponent. It is only suitable for claims within England & Wales.
• Form N5 - Claim for possession of property (rent arrears only)
  If you're looking to regain possession of a residential property let under an assured or assured shorthold tenancy, you can use this form to apply for a court order for possession solely on the grounds of rent arrears.

  This form must given be after you've sent the tenants a valid 'section 8' notice (seeking possession due to rent arrears) and the tenants haven't left or paid the arrears by the deadline given in that notice.

  This form must be completed together with Form N119 and a schedule of rent arrears. You can use our documents Form N119 - Particulars of claim (rent arrears only) and Schedule of rent arrears for form N119 to do this. Once all these documents are completed, you can start your possession claim by sending them to the relevant court. You will have to pay a 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.

  This document must not be used for claims using the accelerated possession procedure - use our document Form N5B - Claim for possession of property (accelerated procedure) instead.

• Schedule of costs for applications to court to recover costs
  This document creates a schedule of costs to be used in general court proceedings by a litigant acting in person when applying to recover their costs of time spent and expenses incurred in conducting a claim.
• Schedule of rent arrears for form N119
  Use this document to create a schedule of rent arrears as is required when applying to the court for a possession order on the grounds of rent arrears. This document must accompany N119.
• Updated rent arrears schedule and witness statement for possession hearing
  If you're trying to get a possession order in England or Wales on the grounds of rent arrears, this will create the witness statement and updated schedule of rent arrears that you'll need for the court possession hearing.

  These documents must be received by the court and the tenant(s) at least 2 days before the date of the court possession hearing. We therefore recommend that you complete them a week before the court hearing so that you can send them in time.