Applying to Court for Possession — Standard Procedure
Related Article
What Happens if Payment is Made on Day of Section 8 Hearing?
In Coltrane v Day [2003] EWCA Civ 342, it had to be decided what happens if the tenant paid a cheque to the landlord in court on the day of the hearing.
Tenant Fails to Leave After Giving VALID Notice and Double Rent
If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent
Adjournment, Suspension and Stay Possession Proceedings
A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article is guidance about adjournments and postponement of possession.
Completing N5 and N119 After Notice to Quit
This article assists with completing N5 and N119 court forms after a landlord has served a notice to quit (where the tenancy is NOT an assured shorthold tenancy).
Completing N5 and N119 After Tenant Gave Notice but Failed to Vacate
This guidance is on completing the court forms for obtaining a possession order after a tenant has served the landlord a notice to quit but failed to give up possession.
Court Forms N5 and N119 Section 8 Claim
This page looks at completing court forms N5 and N119 after a section 8 notice has been served on rent arrears grounds. If you haven't used our court form wizard to reach this page, please do so now because, generally, we would recommend using the PCOL service (Possession Claim Online).
Standard Procedure Claim (Section 21 and Rent Arrears)
This page looks at claiming for possession using the standard procedure after serving section 21, where either: * there is no written agreement or * you wish to claim rent arrears at the same time as seeking possession
Practice Direction 55C Phasing Out
Practice Direction 55C was brought in last year to ease back into possession proceedings after they were suspended during the pandemic.
Landlords Push for Repossessions Despite Evictions Ban
Landlords have filed thousands of repossession claims with the courts during the COVID-19 pandemic despite an eviction ban and please for forbearance from the government.
Landlord Evictions Fall to a Six Year Low
Landlord eviction claims in the courts are falling following a six-year trend of dropping, according to a report in February 2020.
Landlord Evictions Drop for the Fifth Year Running
The data from the Ministry of Justice for the first three months of 2019 show landlord legal action has dropped
London Landlords Most Likely to Evict Tenants
Landlords in London are most likely to evict tenants, according to statistics published in 2019.
Six Month Court Wait for a Buy to Let Repossession
Landlords evicting a tenant through the courts must wait up to six months in 2017 to repossess a rented home.
Ruling Outlaws Landlord Eviction Services as Illegal
Landlords instructing rent eviction specialists who are not solicitors to evict tenants need to be careful
Private Landlords Unfairly Criticised For Evictions
According to official data, buy-to-let landlords have an unfair reputation for going to the courts to evict tenants.
Council Should Have Explained Court Fees To Tenant
The local authority should have explained that court costs would be made against the complainant for the possession order after a section 21 notice.
What Happens if Payment is Made on Day of Section 8 Hearing?
In Coltrane v Day [2003] EWCA Civ 342, it had to be decided what happens if the tenant paid a cheque to the landlord in court on the day of the hearing.
Tenant Fails to Leave After Giving VALID Notice and Double Rent
If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent
Adjournment, Suspension and Stay Possession Proceedings
A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article is guidance about adjournments and postponement of possession.
Completing N5 and N119 After Notice to Quit
This article assists with completing N5 and N119 court forms after a landlord has served a notice to quit (where the tenancy is NOT an assured shorthold tenancy).
Completing N5 and N119 After Tenant Gave Notice but Failed to Vacate
This guidance is on completing the court forms for obtaining a possession order after a tenant has served the landlord a notice to quit but failed to give up possession.
Court Forms N5 and N119 Section 8 Claim
This page looks at completing court forms N5 and N119 after a section 8 notice has been served on rent arrears grounds. If you haven't used our court form wizard to reach this page, please do so now because, generally, we would recommend using the PCOL service (Possession Claim Online).
Standard Procedure Claim (Section 21 and Rent Arrears)
This page looks at claiming for possession using the standard procedure after serving section 21, where either: * there is no written agreement or * you wish to claim rent arrears at the same time as seeking possession
Practice Direction 55C Phasing Out
Practice Direction 55C was brought in last year to ease back into possession proceedings after they were suspended during the pandemic.
Landlords Push for Repossessions Despite Evictions Ban
Landlords have filed thousands of repossession claims with the courts during the COVID-19 pandemic despite an eviction ban and please for forbearance from the government.
Landlord Evictions Fall to a Six Year Low
Landlord eviction claims in the courts are falling following a six-year trend of dropping, according to a report in February 2020.
Landlord Evictions Drop for the Fifth Year Running
The data from the Ministry of Justice for the first three months of 2019 show landlord legal action has dropped
London Landlords Most Likely to Evict Tenants
Landlords in London are most likely to evict tenants, according to statistics published in 2019.
Six Month Court Wait for a Buy to Let Repossession
Landlords evicting a tenant through the courts must wait up to six months in 2017 to repossess a rented home.
Ruling Outlaws Landlord Eviction Services as Illegal
Landlords instructing rent eviction specialists who are not solicitors to evict tenants need to be careful
Private Landlords Unfairly Criticised For Evictions
According to official data, buy-to-let landlords have an unfair reputation for going to the courts to evict tenants.
Council Should Have Explained Court Fees To Tenant
The local authority should have explained that court costs would be made against the complainant for the possession order after a section 21 notice.
What Happens if Payment is Made on Day of Section 8 Hearing?
In Coltrane v Day [2003] EWCA Civ 342, it had to be decided what happens if the tenant paid a cheque to the landlord in court on the day of the hearing.
Tenant Fails to Leave After Giving VALID Notice and Double Rent
If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent
Adjournment, Suspension and Stay Possession Proceedings
A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article is guidance about adjournments and postponement of possession.
Related Forms
Claim Forms N5 and N119 Plus PCOL
Using the court form wizard, you can download claim forms N5 and N119 (standard procedure) and guidance for completing the possession claim online (PCOL).
Certificate That Rent Statement Part of Business Records
section 9, Civil Evidence Act 1995 which provides that the records of a business (which includes a rent statement) may be given as evidence in court "without further proof"
Application For Leave To Transfer For High Court Enforcement Officer
This is a covering letter that would be sent in with a claim form for possession (N5, N119 or N5B) seeking permission to transfer enforcement if possession is ordered. With this covering letter your still not bound to us the High Court as it would still need transferring.
Related Services
Solicitor – Legal Advice for Landlords
Our 15-strong National Real Estate Disputes team specialises in dealing with residential Landlord and Tenant Litigation. We have a market-leading reputation for providing an efficient, expert and cutting-edge service to individual and corporate landlords dealing with their residential property portfolios. Our experience includes acting for the landlord clients of a prominent national lettings agent, through rent and legal indemnity policy, for the last six years. During this period, we’ve dealt with well over 1100 cases. This volume of work has enabled us to develop systems and processes to deal with these cases as quickly and efficiently as possible. It has ensured that the team members have a wealth of experience in dealing with all issues. Samuel Lane of Irwin Mitchell LLP says: “The law surrounding residential landlord and tenant is continually changing; now more than ever. We have seen many landlords get caught out by legislative changes that ultimately result in costly mistakes. It is important that landlords get the right advice from the start as it could save them thousands of pounds whilst also ensuring that the problem is dealt with as effectively and efficiently as possible. We pride ourselves on being experts and finding the most commercial solution available. We currently offer members of the Guild a free 10-minute no-obligation telephone consultation (subject to our usual conflict checks). For a telephone consultation, fill in the form below (which only displays if you’re logged in with an active subscription), and we will contact you within one working day. https://www.irwinmitchell.com/our-people/samuel-lane https://www.irwinmitchell.com/business/real-estate/property-litigation
Court Form Wizard (England)
Court form wizard finds the best court form for possession after service of section 8 or section 21 notice.