Completing the N5, N119 and N325 forms

Introduction

This page reproduces the completion notes for the court forms that follow on from serving a Section 8 notice. Download links for all these documents are available to all members on our Section 8 notice pages.

N5 Claim form for possession of property

Page 1

  1. In the top right hand corner put the name of the county court that deals with housing matters nearest the property you wish to seek possession of. To find this go to the court finder service and enter the postcode of the property you wish to take possession of. For example, an M1 postcode would be Manchester.
  2. In the top left hand side where it says CLAIMANT put the landlord's title, full name, address and post code. Where there are joint Landlords both/all should be listed.
    For example -
    Mrs Jane Landlord
    11 Landlord Road
    London
    SE1 9DF
  3. Below that where it says DEFENDANT put the ALL the tenant's titles, full names, addresses and post codes.
    For example -
    Mr John Smith
    12 Sedgefield Way
    London
    E12 7RJ
  4. Below that put the property address again where it says "the claimant is claiming possession of".
  5. Where it says "which (includes)(does not include), delete (does not include) and leave in (includes).
  6. The court will fill in where and when the claim is being heard.
  7. At the bottom left hand side is a white box. Put the tenant's full name, address and post code. The court uses that as the address panel when it sends the papers to the tenant. All tenants should be named if insufficient space then attach a separate sheet.
  8. To the right of that, where it says COURT FEE insert £355.00.
  9. Insert NIL where it says SOLICITORS COSTS
  10. For Total Amount insert £355
  11. The Issue Date is inserted by the court

Page 2

  1. On the back of the N5 left hand side, tick the box where it says RENT ARREARS in the column marked GROUNDS FOR POSSESSION. If you are claiming for any other reason tick other boxes as applicable.
    If you are issuing proceedings pursuant to a Section 21 notice and claiming rent at the same time you must tick "rent arrears" and "other". In the box beside "other" you should state "the tenancy has been brought to an end by service of a notice pursuant to Section 21 of the Housing Act 1988."
  2. On the right hand side if the tenant is anti-social or carrying out illegal acts at the property. Tick one of the boxes if applicable.
  3. Tick NO for the boxes referring to Demotion of Tenancy, right to buy and Human Rights Act.
  4. Complete the statement of truth and delete anything that is not appropriate to you.

Where a landlord is completing this form (and not a company) it should read as -

I believe that the facts stated in this claim form are true.

Signed___________ Date_________

Claimant

Full Name_______________

Where the landlord is a company it should read as follows -

(The claimant believes) that the facts stated in this claim form are true.

* I am duly authorised by the claimant to sign this statement.

Signed_____ Date____

Claimant

Full Name______

Position or office held ________________________________

If signing on behalf of firm or company

The authorised person should then sign this document and list their full name.

  1. Make the cheque for £355 payable to 'HMCTS'

N119 Particulars of claim form

Page 1

In the top right hand corner put the name of the county court that deals with housing matters nearest the property you wish to seek possession of. To find this go to the court finder service and enter the postcode of the property you wish to take possession of. For example, an M1 postcode would be Manchester.

County Court and Family Court.

The court will complete Claim No.

Insert Name of Claimant/s and Name of Defendant/s. This should be the full names AND titles of each. So for example -

Name of Claimant - Mrs Jane Landlord

Name of Defendant/s - Mr Joe Tenant

Insert the address and post code of the property as detailed as on the tenancy agreement.

Give names of who you think is in the property. Do not worry if this is not accurate. It will not

affect your case. However it must be filled in to the best of your belief.

Question 3

  1. Normally you would put here that it is let under an 'Assured Shorthold Tenancy' and the date the tenancy began.
  2. Insert the amount of rent and how often it is contracted to be paid under the tenancy agreement.
  3. Insert the same daily amount that you put on your Section 8 Notice.

Question 4

  1. Delete 'Details are set out below'. Leave in 'Details are shown on the attached rent statement'. In the space write "Please see EXHIBIT A". Exhibit A will be the attached rent statement.
  2. Insert N/A
  3. Put 'Grounds 8, 10 and 11 Schedule 2, Housing Act 1988' if you are using Grounds 8, 10 and 11

Approximately 10 days before the Court hearing you prepare and file a Witness Statement giving an up to date position as to whether or not the tenants remain in the property, what the current arrears are and whether any offers have been made by the tenant with regard to payment.

Attach an up to date rent statement with the amount the tenant will be in arrears by the date of the hearing.

Copies of both should be filed in Court quoting the case number and a copy should be sent by first class post to the tenant. This will go before the Judge and will need to be relied upon at the hearing.

Page 2

Question 5

Insert how many phone calls, letters, emails, text messages and visits you have made to try to resolve the matter. There is no need to attach them to the court papers but have copies where possible for the hearing.

Question 6

Delete (notice to quit) (notice of breach of lease) (notice seeking a demotion order) (other….) and leave in (notice seeking possession). Insert the date you served the Section 8 or Section 21 Notice.

Question 7

Put "Nothing known" unless the tenant is damaging the property or they are in receipt of Local Housing Allowance/Universal Credit and the payments are not being made.

Question 8

Put "Nothing Relevant" unless you are having problems paying your mortgage because you are not getting your rent.

Question 9

Most landlords do have a mortgage. In that case delete paragraph (a) and insert the lenders details at paragraph (b). You are also supposed to send the lender a copy of the court papers. If you are lucky enough to have no mortgage then delete paragraph (b).

Page 3

Question 10

If you are seeking possession due to rent arrears leave this question alone. If you are not seeking possession due to rent arrears, delete as appropriate.

Question 11

Tick no

Question 12-15

Delete this section in its entirety.

Page 4

Statement of Truth

Complete the statement of truth and delete anything that is not appropriate to you.

Where a landlord is completing this form (and not a company) it should read as -

I believe that the facts stated in these particulars of claim are true.

Signed___________ Date_________

Claimant

Full Name_______________

Where the landlord is a company it should read as follows -

(The claimant believes) that the facts stated in these particulars of claim are true.

* I am duly authorised by the claimant to sign this statement.

Signed_____ Date____

Claimant

Full Name______

Position or office held ________________________________

If signing on behalf of firm or company

The authorised person should then sign this document and list their full name.

Post-completion

Send the papers with the required number of copies to the County Court with a cheque for £355. Please note that you must also attach to the Form N119 (Particulars) a copy of the Tenancy Agreement, Section 8/Section 21 notice and arrears of rent schedule. The originals should not be sent to Court but should be retained and taken to the hearing with you.

Do not forward the papers to the Court until the day after the Section 8 notice has expired. The Court will then notify you of the hearing date. The Landlord or Solicitor will need to attend the Court.

Please contact the RLA's Landlord Advice Team on 03330 142 998 if your tenancy is not an assured shorthold tenancy or you are seeking possession on a ground other than rent arrears.

N325 Request for Warrant of Possession of Land

Top right hand box - enter the name of the court that granted possession and the claim number. Delete paragraph (2) above the signature of the claimant. This is for the use of a mortgage lender, not a landlord.

  1. Insert the claimants full name and address (including titles) or the solicitors full name and address (including titles).

    For example

    Mrs Jane Landlord
    1 Roebuck Lane
    Sale
    Cheshire
    M33 7TE
  2. Enter as above unless the address is different.
  3. Insert (defendants name and address) all the tenants' names, titles, and the full property address details.

    Mr John Tenant
    2 Roebuck Lane
    Sale
    Cheshire
    M33 7TE
    1. The claimant should insert the amount of the judgement into 4a. If the claimant served a Section 21 Notice this will usually be £355. If the defendant is not required to pay costs, then insert Nil.
    2. Insert the same amount as box a, unless the tenant has paid some of the judgement already. Then insert £121 for issuing the notice and any legal representative costs that have accrued and then total up the amount.
  4. 'Property/Land Details' Insert the following:
    - Date of judgement/order, this is the date of the hearing.
    - Date of possession, this is the date possession should have been given up.
  5. 'Describe the Land' Insert the address and post code of the property.
  6. Insert contact details of the landlord at the bottom of the form.
  7. Once completed post the N325 form to court with a cheque for £121 made out to 'HMCTS'. It is advised that the landlord retains a copy of the completed and signed N325 form for their own records. The court will then contact the defendant.

If you have any issues filling out this form then please contact the Landlord Advice Team on 03330 142 998 or via the 'HELP' symbol on the website.

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