Applying to Court for Possession — Standard Procedure

Only the landlord or their solicitor can sign the court papers. A common reason for possession claims being rejected by the court is that a letting agent signs them. A letting agent can help the landlord draft the paperwork, but they cannot sign on the landlord’s behalf, and they do not have a right to represent the landlord in court in the landlord’s absence. A landlord who is likely to be absent from the UK will need to instruct a solicitor to commence legal action if they wish to be represented in their absence.

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.

Court Form Wizard (England)

Court form wizard finds the best court form for possession after service of section 8 or section 21 notice.