View Full Version : Which court form for possession N5, N5b,N119?
01-04-2006, 13:09 PM
The 1 year AST for my property has expired, a section 21b was served and signed by the tenant during the begining of the tenancy as standard via letting agent.sECTION 21 expired at end of tenancy.
Tenant has made excuses and not moved out and not payed final month rent.It has been over a week now.
There is a garantour for the tenant so do I put both names on the form as the tnt is claiming has no money and cant move out.
I have been advsied by County Court to fill out form N5 and N119 + £150, but do I need form N5b instead of N5?
01-04-2006, 13:29 PM
N5B if you want to merely recover possession under S21. You CANNOT claim rent arrears from either tenant or guarantor on this form. http://www.hmcourts-service.gov.uk/courtfinder/forms/n5b_0604.pdf
N5 and N119 if you want to claim possession under S8 (rent arrears of 2 months/8 weeks which has to exist at the time you serve notice and at the court hearing) you can claim rent arrears from the tenant only on this as well as possession.
N1 if you want to issue against the guarantor for any loss - this is the standard default summons. If you use S21, you can also issue a DS against the tenant and the guarantor jointly as first and second defendants.
All the forms and guidance you will find on www.courtservice.gov.uk in the forms and guidance section.
01-04-2006, 17:55 PM
So in my case, were the tenancy has expired over a week ago including Section 21, I would be better of going for N5b for possession from the tenant, as I would not know what rent is owed or damages untill I have possession.
I then need to inspect the property after possesion for damges if any.
And N1 form, to claim for rent owed (final month rent + amount of days spent when not vacating after tenancy had expired + damages if any) from tenant and the guarantor jointly as first and second defendants?
01-04-2006, 19:23 PM
Yep you got it.
For the benefit of future reference - if you issue a S8 and you proceed down the S8 ground 8 (rent arrears) avenue, you state the rent arrears up to the date when you prepare the summons and there is wording within the form for you to state the daily rate of rent (i.e. £100 a week would be £14.29 a day) - when and if the judge gives you possession, the arrears are thus calculated up to the date of the hearing and judgment given for that. Subsequent daily rate accumulations are listed on the warrant as an addition.
02-04-2006, 12:05 PM
If the tenant will not vacate the property after Court has given a possesion order under N5b, I then need to submit N325 for bailffs via the court, which delays things.
However, Can I submitt N5B +N325 together? Or can I only submit after N5b?
When baliffs arrive under N325 order,do they phyically remove the tenant?
What if the tenant won't leave?
This is one tough tenant. My letting agent arranged 3 times to check the tenant out of the property when tenancy expired, and made excuses and won't leave.
02-04-2006, 21:39 PM
After you have filed the N5B, the judge will look at the papers and if all is in order make a possession order, usually to take effect 14 days later. The tenant can within 14 days of the making of the order apply for a hearing (so can the landlord) and the usual reason for this is if the tenant wants to delay the possession on hardship or irregularity grounds.
Whichever way it happens, you will end up with a final date when the tenant must give up the property. If by the next day the tenant is still in situ, then you must apply for a warrant of possession - again, the tenant can at the last minute delay things by applying for a stay, but again, ultimately you will end up with an appointment at which the bailiff will, with police assistance if need be, evict the tenants and any others in the property. There can be a wait of several weeks depending on local logistics and workload for the bailiff appointment. The WOP was £90 but check that fee on the court website.
Search my posts under my name of davidjohnbutton for advice on how to deal with the eviction process.
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