AA Legal Documents

Possession due to rent arrears (pack)

This Possession due to Rent Arrears pack comes with checked documents.  Use this if you need to reclaim possession of your property from tenants who have failed to pay the rent and are in arrears. The pack can also be used to obtain an order for possession and judgment for the rent arrears.

This pack contains all the court forms and documents for the court procedure that a landlord must use in order to start court proceedings, obtain an order for possession (where the claim is not disputed by the tenants) and apply for the court bailiff to remove the tenants from the property.

Before starting court proceedings the landlord must have served a notice seeking possession on the tenants (a ‘section 8 notice’). This court procedure can be used for lettings using either an ‘assured shorthold tenancy’ or ‘assured tenancy’ agreement.
If it is unlikely that the tenants will pay the rent arrears (due to their financial circumstances) then a landlord may want to consider obtaining a possession order using our ‘accelerated possession pack’ which contains all the court forms and documents that a landlord requires to start court proceedings, obtain an order for possession (where the claim is not disputed by the tenants) and apply for the court bailiff to remove the tenants from the property, using the court’s ‘accelerated possession procedure’, which is a faster court process.
 For guidance on when to use the documents in this pack, refer to our flowchart (opens a PDF):
www.rapidocs.co.uk/downloads/rentarrearspackflowchart.pdf

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  • Covering letter for claim form N5 & N119

    This document creates a covering letter to the court for a landlord(s) issuing an application for a possession order on the grounds of rent arrears for an assured or assured shorthold tenancy agreement. To use this document, you will need to have already completed claim form N5 and Particulars of Claim form N119. Please note that this document can only be used in England & Wales.

  • Covering letter for claim form N5B (issuing claim at court)

    This document creates a covering letter to the court for a landlord issuing an application for a possession order using the accelerated possession procedure for assured shorthold tenancy agreements. To use this document, you will need to have already completed claim form N5B. Please note that this document can only be used in England & Wales.

  • Covering letter for section 8 notice

    This document creates a covering letter and a schedule of rent arrears for a landlord serving a notice seeking possession under section 8 of the Housing Act 1988 against a tenant with an assured or assured shorthold tenancy agreement solely on the grounds that there are current rent arrears. You will need to attach the section 8 notice to this letter. Please note that this document can only be used in England & Wales.

  • Form N119 – Particulars of claim (rent arrears only)

    The N119 particulars of claim form should be used when applying to court for a possession order if there are rent arrears. It is used for rented residential properties let under either an assured tenancy agreement or assured shorthold tenancy agreement. It must be completed together with Form N5. Once completed, both forms must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales and should not be used for claims using the accelerated possession procedure. Important Notice In order to use this document you will need to have Adobe Acrobat Reader installed. The Adobe software is free and may be downloaded by clicking here.

  • 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. Important Notice In order to use this document you will need to have Adobe Acrobat Reader installed. The Adobe software is free and may be downloaded by clicking here.

  • Form N325 - Request for warrant of possession of land

    Form N325 should be used to apply to the court to instruct court bailiffs to evict any tenants who have failed to vacate the property within the time given to them by the court under the terms of a possession order, or if the tenant has failed to comply with the terms of a suspended possession order. It can also be used to instruct the court bailiff to recover any money owed by tenants. Once completed, this form must be sent to the relevant court together with the appropriate court fee. It is only suitable for claims within England & Wales. Important Notice In order to use this document you will need to have Adobe Acrobat Reader installed. The Adobe software is free and may be downloaded by clicking here.

  • Form N5 - Claim for possession of property (rent arrears only)

    The N5 claim form should be used when applying to court for an order to obtain possession of a property after a notice seeking possession has been served due to rent arrears and the tenants have either failed to vacate the property or pay the arrears by the time given in that notice. It is usually used for rented residential properties. It must be completed together with Form N119. Once completed, both forms must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales and should not be used for claims using the accelerated possession procedure. Important Notice In order to use this document you will need to have Adobe Acrobat Reader installed. The Adobe software is free and may be downloaded by clicking here.

  • Initial letter to tenants regarding rent arrears

    This document creates an initial letter from a private landlord to a tenant who is in rent arrears. It should be used for residential properties rented under an assured or an assured shorthold tenancy agreement. Please note that this document can only be used in England & Wales.

  • Letter to bailiffs enclosing completed forms

    Use this document to create a covering letter for a completed bailiff's questionnaire after you have obtained an order for a warrant of possession using Form N235. The questionnaire will confirm the bailiff's appointment to attend the property to evict the tenant. Please note that this document can only be used in England and Wales.

  • Notice under section 8 of the Housing Act 1988

    This document creates a notice seeking possession under section 8 of the Housing Act 1988 to be served on a tenant with an assured or assured shorthold tenancy agreement solely on the grounds that there are current rent arrears. It also creates a schedule of rent arrears which accompanies the notice. Please note that this document can only be used in England & Wales.

  • 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. Please note that this document can only be used in England & Wales.

  • 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. Please note that this document can only be used in England & Wales.

  • Updated rent arrears schedule and witness statement for possession hearing

    This document creates a witness statement and a schedule of rent arrears to be used when preparing for the court hearing following an application to court for a possession order on the grounds of rent arrears. It should be completed by the same person who signed Form N119 (particulars of claim) and Form N5 (claim form) and must be received by the court and the opponent at least two days before the date of the court hearing. The witness must attend the court hearing. These documents are only suitable for use in England and Wales.