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rizla3066
30-01-2008, 18:45 PM
Hello i have a problem and could do with some help/advice on how to deal with my situation, ok here goes.


i own a house and for the last two years i have rented it out to a tenant.originally the tenant was claiming benefits so the rent was paid by housing benefit.in august last year the rent ceased to be paid into my bank.i contacted the tenant who advised me that he was no longer claiming benefits and was now self employed inthe building trade.he advised me that he had a building contract for work but would not be paid for this contract for around 8 weeks.he advised me that he would be unable to pay any rent until then but assured me he would pay up to date when he was paid out for his contract.i agreed to wait and wrote to him asking him to pay the 3 months rent he would then owe by the 26th oct 07.i heard nothing further from him and when then end of october approached i contacted him to find out when and how he would pay me.he advised me that he hadnt been paid yet but assured me he would pay me by the 26th nov 07. needless to say he still has not paid any rent.twice i have written to him stating how much he owes me and given notice for him to vacate the property unless he brought the rent arrears up to date.i have a N325 form from the court to apply for a warrant of possession of land.

is this the correct form i should be using? or is this even the correct route to take?

also what time frame am i looking at to complete eviction?

cheers in advance..

davidjohnbutton
31-01-2008, 17:21 PM
For goodness sake man - there are loads of posts advising people how to issue the requisite notice, in your case A S8 using ground 8 10 and 11 and then issueing the court summons request. If indeed you are so lazy that you cannnot be bothered to research what you are doing, then you deserve all you get.

I don't mind helping people along the way, but you have not got a clue and unless you either obtain a good book on your legal rights and your responsibilities as a landlord, you would be better off employing someone who is a professional and pay them.

Do not come on this forum and expect someone like me to take you right through the procedure in place of your laziness to do a little searching.

However, to help you a bit:-

1. Serve notice S8, grounds 8 10 and 11 - use the right notice.
2. Serve S21 notice ending the tenancy if not already done - watch it, there are two forms, one for use during the fixed period and one for outside the fp.
3. When the S8 notice expires - fill in Forms N5 and N119 available in the forms section at www.courtservice.gov.uk and send it in (1 copy per defendant plus one for court and keep one for yourself) with £150 court fee and the court will issue the summons and arrange a hearing.
4. At hearing, you must go to prove the arrears - if there are 8 weeks/2 months arrears at the service of S8 notice and still the same or in excess at the hearing date, the judge will give you a possession order manatory.
5. If the tenant is still there after the date for leaving on the court order has passed - you need to complete the Warrant of Possession and send it to the court with £95 fee and then wait for a bailiffs appointment.

DONT EVICT THE TENANT WITHOUT A COURT ORDER IT WILL COST YOU A LOT AND MAYBE YOUR FREEDOM AS WELL.

bagpuss
01-02-2008, 11:58 AM
I sympathise with you David - but people do go into letting as complete novices and then are shocked and lost when things go wrong. We weren't totally niave when we started but we still made mistakes due to lack of knowledge and have been very grateful for all the help we've had here.

Also it wasn't that long ago when I joined my first forum and as a complete newbie I didn't know my way around a forum at all. Very kind experienced memebers helped me find my forum feet and I am eternally grateful to them as forums are a great way to educate yourself on so many subjects.

Anyway, thanks for laying out the main points for our very own newbie.:)

MANOJ
01-02-2008, 14:25 PM
After your notice period expires, you could try PCOL ( Possession Claim On-Line) . It's similer to MCOL ( Money Claim On-Line) where you claim through the Small Courts. The site is run my HMCS and everything is done on-line.
The cost of the service is £100 ( £50 less then applying to through the local courts). I have used MCOL and found it very useful as you are informed on-line about every stage you're at of the process ( judgement,warrant etc) and there are very useful links to help you along the way.You can even phone for help should you need to.I presume PCOL is similer to MCOL and would definitely try them next time I want to issue a Possession Order.

Surrey
01-02-2008, 22:37 PM
Manoj, that might be a sensible approach for someone who has some basic confidence regarding landlord and tenant issues, but the original poster might do better getting some professional legal advice to make sure he doesn't fall down the many holes that can trip up a novice.

MANOJ
06-02-2008, 19:31 PM
Tenant has not left the property( Flat) on the date of possession so am in the process of filling in form N325 to request a warrant of possession. Can one of the members please tell me what I need to enter in the 'Describe the land(as set out in the particulars of claim)" box. I am presuming I need to enter the Flat address but am not sure.

thehoq
06-06-2009, 00:34 AM
Hi,

I've searched the forum about filling in the n325 form after being granted order of possession. However, I still require some clarifications and help in completing prior to submitting the papers to the courts. This is the first time attempting to filling in this form.

The current situation is that the courts have issue to the tenants a notice for order of possession (using the accelerated procedure). The date has expired and the tenants have not vacated the property. I guess the next step is to request in the bailiffs using the n325 form. The tenants HAVE paid back the £150 as ordered.

So, on the n325 form, section 4, is:

1. (A) = £0.00 (as tenants have paid the £150 as ordered)
2. (B) = £0.00
3. Issue fee = £95.00 (cost of issuing bailiffs)
4. Solicitors cost = blank (im filling the form myself)
5. Land registry fee = blank (i.e, not applicable)
6. Total = £95.00
7. The sum due after warrant ?? is this £0.00 or £95

Many Thanks :) in advance

johnboy
06-06-2009, 07:42 AM
The £150 paid by the tenant would be for the cost of the original court hearing so now as you are appling for the services of the bailif you have to pay the £95 fee.

thehoq
07-06-2009, 00:20 AM
Thanks, I understood that I will be paying £95 for the bailiffs. However, from the original court hearing where the cost was £150 and to which the tenants HAVE paid in full.

There problem I am facing is stating the correct figures in the fields in section 4 for of the baliff form (n325). With my situation are the following entries correct for the fields in section 4.

1. (A) = £0.00 (as tenants have paid the £150 as ordered)
2. (B) = £0.00
3. Issue fee = £95.00 (cost of issuing bailiffs)
4. Solicitors cost = blank (im filling the form myself)
5. Land registry fee = blank (i.e, not applicable)
6. Total = £95.00
7. The sum due after warrant ?? is this £0.00 or £95

Paul Gibbs
08-06-2009, 15:43 PM
£95 as T is liable to pay for the costs of the bailiffs.

longpo
04-07-2009, 12:02 PM
Hi:

Thanks for helping. I had a few questions about warrant for repossession. I had filled up the N325 form & had submited to court on Monday.

1) How long will take normally to get the date of eviction?
Anything should be known(need to do) by the waiting time.

2) On the Form, I filled the amont the tenants own me, do bailiffs will get the money for you, or they will seize their properties( eg, car, electric goods) to make sure recover the money?

Thanks again for any information.

Best regards.

longpo
19-07-2009, 15:31 PM
I have got the eviction date that is 1st Aug 2009.

Could anyone give me some advise about recover the money back, if it is possible.

How can I register CCJ to the tenant's name? If I can't get the money back How much it would cost? I just don't want these people do the same thing again.

Thanks very much for any information provide.

Best regards

archie
21-07-2009, 11:45 AM
Hiya,

Just filling in a N325 Warrant for possession and would like some help.

1. (A) Balance due at the date of this request: is this total up to the warrant application date (including 14 days after possession)

2 . Do i need to fill in 'Describe the land (as set out in the particulars of claim)' box or can i leave it blank?

Also is there any way to expedite the warrant through the courts come thursday when i hand the form to the courts (14 days from Possession Order), as i have been told i may have to wait another 4-6 weeks for baillifs to evict.

Any help greatly appreciated.

havensRus
21-07-2009, 12:31 PM
1. (A) Balance due at the date of this request: is this total up to the warrant application date (including 14 days after possession)

Yes. If your possession order includes makes an allowance for it. e.g "The defendant pay the claimant £xx for rent arrears and £yy per day from date1 until possession of the property is given to the claimant"




2 . Do i need to fill in 'Describe the land (as set out in the particulars of claim)' box or can i leave it blank?

Yes. Full address of the property will suffice. Same as in box 3.



Also is there any way to expedite the warrant through the courts come thursday when i hand the form to the courts (14 days from Possession Order), as i have been told i may have to wait another 4-6 weeks for baillifs to evict.

Not that I know of, but if you do find a way, do let us know. Once upon a time 2 weeks was a long time to wait .... Bailiffs are busy right now an its the sign of the times. Talk to the court office officials... and if you have a contact number for the bailliffs, may be worth a call.

Task
04-08-2009, 00:32 AM
I have an Possession Order from the court. The tenant is refusing to move so I now need a Warrant for Possession.

I am confused about completing Form N325. There are entries as follows for section 4:

1. (A) Balance due at the date of this request
2. (B) Amount for which warrant to issue
3. Issue fee
4. Solicitors costs
5. Land Registry fee
6. TOTAL
7. If the Amount of the warrant at (B) is less than the warrant at (A), the sum due after the warrant is paid will be

Searching the forum:

3. Should be £95.00
4. Should be 00.00 - I'm completing the form
5. N/A

I was after clarification for points 1, 2 & 7. My situation is the tenant is in rent arrears (£2800). The Possession Order was granted following a section 21 / N5B route - i.e. 'no fault'.
The Possession Order does state that the tenants should pay costs of £150.00 - still outstanding.

Thanks in Advance.

davidjohnbutton
04-08-2009, 03:09 AM
1. Box A - Add the arrears awarded plus the costs and put here £2950
2. Box B, put same amount UNLESS tenants have paid anything.
3. Issue fee put £95
4 & 5 dont apply in your case (if you had a solicitor, you would put his fee in 4 and if in the case of a farmer I think it was, you would have had to produce a land registry search before issuing the warrant and the fee would go in box 5)
6. £2950 plus £95 - put £3045
7. Leave blank cos both Box A and B are same UNLESS tenant has paid anything (if they had paid say £200, you would put 2950 in box A and £2750 in box B and the total would be then £2700 plus £95 - this is to allow for any part reductions of the warrant off the original amount awarded including costs).

Task
04-08-2009, 11:17 AM
Thank you for reply.

But I have received conflicting information.
I have been told that because the Order for Possession (no fault) from the court stated that only costs of £150.00 should be paid (by the tenant) that I should not include the rent arrear amount in the N325 form in my calculation for 1??

davidjohnbutton
04-08-2009, 16:54 PM
If you have no rent arrears awarded (and this is usual under S21 possessions), you will only be able to claim the court fee of £150 on the application for Warrant of Possession. You would have to obtain a separate subsequent summons and judgment for rent arrears if this is the case.

If you did get rent arrears awarded and I would be surprised if you did under S21 (but judges have been known for different interpretations of the law) , then my aforesaid answer is still correct.

jg1
05-09-2009, 17:55 PM
can anybody help me please. i am unsure how to submit the n325 to the court. i issued my section 8 via the PCOL website which states i can then submit the n325 to request a bailiff to evict my tenents, question is where on the PCOL website do you submit it? i have spent a long time looking for the section on there to do it, but to no avail!

The 14 days that the court granted (section 8) for the tenants to move out is due to expire this tuesday, 8th Sep 2009

any advice gratefully received! :confused:

john

davidjohnbutton
05-09-2009, 18:18 PM
Sign in to pcol, click on the claim number, on the left hand side of the page, there is a list of actions - the last one is issue warrant of possession, click the word "go" - this will take you to the WOP request page.

Complete that form and it will then take you to payment page and automatically issue the warrant for sending to the local court which I believe is done electronically these days - then you wait in a queue for a bailiff.

Mine's a pint of sweet cider!!!!!!

jg1
05-09-2009, 18:24 PM
i wondered if that may be the case but as this is the 1st time down this avenue i wasn't sure. i don't suppose you know what sort of timeframe is involved from sending in the n325 to a bailiff being appointed do you?
thanks for your advice davidjohnbutton, appreciated.
john

ps i will post a reply on here when i have found out for sure what you do, it may help others in my situation in future then

davidjohnbutton
05-09-2009, 21:55 PM
The appointment of the bailiff dealing with it will be done within a matter of a day or two once it arrives at the "home court" (i.e. the court which covers the repossession address)

Once allocated, it then depends on the bailiffs caseload - anything from minimum 7 days (they have to send a notice or visit to give warning of eviction date/time first) up to 2 to 3 months is quite common.

The best thing you can do is say 3 or 4 working days after you have done the WOP online is to phone the home court and ask to speak to the supervising bailiff - do this early as the bailiffs usually are out from about 10 or 11 a.m. Ask for an early appointment as the tenant is or has threatened to cause damage to the property.

Phone up every 2 days, or visit the bailiffs office if local - nag until they want you off their case.

Search my posts to obtain guidance as to what to do at evictions. Some useful advice for first timers, like not leaving your car in same street as repo house, change of clothing, breaking in tools etc. along with advice as to whether you need a dog handler on scene.

jg1
06-09-2009, 15:18 PM
I wasn't expecting that it may take that long to get them out, obviously this is a bit disappointing. Thank you for the advice, I will follow those instructions. Home court is Sheffield so i will keep calling them as instructed. I am actually expecting the property to get damaged, just a case of how badly really.

I don't expect i will get any of the rent owed (7 months to date), as the tenant is on housing benefit. I did write to the benefits agency in Sheffield and they were not helpful at all, eventually saying that they could not discuss with me????? The claim was awarded in court for possession AND money but i don't think that i will actually see any of it.

Will take a look at your posts as suggested.

thanks very much again.

john

jg1
06-09-2009, 15:24 PM
logged into the PCOL website, that action isn't listed in the options, so it may be that it will appear after the 14 days has expired.

grimesk
18-09-2009, 08:52 AM
I (finally!) have a possession order dated 10th September.

The judge has given the tenant 14 days to vacate.

The judge has made an order for money for the arrears + court fees as at 10th September.

I know that my tenant has no intention of moving out on the 24th so have started to fill the N325 form.

My question is:

Part 4A of the form asks for balance due at date of request. Should this be the amount of arrears stated on the possession order? Or can I include additional arrears accrued since the date that the order was made i.e £600?

I have had a look around the forum and can not find a definitive answer.

Thanks in advance.

havensRus
18-09-2009, 09:19 AM
1. well done on getting the order.

2. whilst you can fill the form in now, you can't request bailiff to turn up unless T refuses to move out on the due date.

3. Depends on how the judgement was stated. If it allows for £x amount per day until possession given, then you can include the arrears up to the date you send in the request.

jg1
24-09-2009, 16:07 PM
For information: following from my previous query regarding the PCOL website for issuing a section 8 on a tenant online, the button for requesting a bailiff warrant will only appear AFTER the time limit has expired (i.e. the time by which the court has ordered the tenant to leave the property - I understand this is normally 14 days). Only then can you click the button and request an appointment for a bailiff to actually evict the tenant. I hope nobody else has to go through all this but if you do, hope this helps!

Moderator1
24-09-2009, 16:11 PM
Seven threads on this topic have been merged here.

bsx043
10-06-2010, 02:39 AM
Have a possession order and now applying for bailiffs to evict T but just need some help with the figures required in form N325 (section 4 of the form).

I have received some ongoing payment directly from Housing Benefits (as part of T’s rent) since the order was made. Does this reduce the amount for which the warrant to issue (Box B), as opposed to balance due at the date of request (Box A)?

If so, here are the facts just to simplify matters:

Box A – £8416.88 (This adds the arrears awarded plus costs plus the daily rate up to today, as the order specifies)

Box B - £8110.60 (after deducting the amount last received from HB as this was paid after the date of judgement/order).

Adding issue fee (£95), and ignoring solicitor’s cost and land registry fee, what should be the figure for the TOTAL and for the box below it (the sum due after the warrant is paid)?

Is TOTAL = Box A + £95 (=£8511.88) OR Box B + £95 (=8205.60)?

Is Sum due after warrant is paid = Box B + £95 (=8205.60)?

Help appreciated please, thanks.

davidjohnbutton
10-06-2010, 10:48 AM
In box A, put the amount you are owed under the court order at the point in time when you issue the warrant. So in your case, its the judgment amount including costsa awarded and court issue fee plus daily rate less housing benefit payment. Dont include the warrant fee at this stage.

In box b, put the same amount. (Box b is for when you are issueing a part money warrant say for instalments not being met and where you dont want to issue for the whole amount in one go).
The issue fee of £95 goes in the issue fee box and the total which you wish to issue the warrant for goes in TOTAL.

Sum due after warrant is paid is only relevant if you issue a part warrant for money (i.e. Theres £8000 due on judgment, but you want to issue a warrant for possession and £4000 - then the balance due after warrant paid would be £4000).

bsx043
10-06-2010, 12:00 PM
Thanks, DJB, for clarifying this as I wasn't really sure. Just need a bit of further help with the following please:

1. Date of Judgement/order: Should this be the date when possession was actually given by the Judge, i.e the date of hearing (10.5.2010) or date when the enforceable order was subsequently ammeded by the court (27.5.2010) as appears online (PCOL)? This is because I has queried with the court about costs.

2. Date of possession: Date T was supposed to vacate (7.05.2010)?

3. Name and address for service and payment (if different from above): Presumably OK to add my Letting Agent’s address here since they have been/are handling all communication with tenant, etc?

bsx043
10-06-2010, 12:08 PM
Sorry correction: date T was supposed to vacate is 07.06.2010.

davidjohnbutton
10-06-2010, 12:22 PM
The last judgment as amended should be the one you quote.

Yes, you can add your agents name/address on BUT they will not be able to take any action in your name or appear in your stead in any future court hearing (for example if the WOP results in an application for more time).

Personally, on this matter, I would leave it in your name - at least then you have full control and any notices will come to you.

Date of possession this is the date by which the tenant should have left viz 7th June 2010

bsx043
10-06-2010, 17:52 PM
Thanks, bailiff's application now gone in. Apparently, there was no facility online to specify the date of judgement to be different than the original one i.e. when the order was made, although in the attachment file created this particular box has been left blank - hopefully the court will enter the date of the ammended order.

jaydut
29-07-2010, 23:23 PM
Hi,
My sister who is on the verge of a nervous breakdown over this is owed £8000 in rent arrears from her tenant (not paid since Jan10). I have an order for possesion which gave him until tonight to leave which he hasnt and has no intention of. We sent a private baliff round with the order to speak to him (he wont speak to us and if we try to make contact he say`s we are harrassing him) and he told him hes not going to give us the property back untill he has to.
So I am filling in form n325 however setcion 4a requests amount owed which i presume is rent arrears court costs etc but there is no order on it for rent arrears or costs it just tells him to give us possesion on or before 29/07/10.
So do I leave it blank?
Can i use a private baliff rather than wait for the courts and if so do i still pay the £95 fee.
Thanks in advance for any input.

Jay

dc1977uk
03-08-2010, 11:21 AM
Seems alot of confusion on this forum in how to fill this form out - so im none the wiser, hopefully someone can help clear things up.

I have a successful possession order via s21. The tenant was ordered to pay costs of 250.00 which they still owe and the due date has been and gone. Next week they will be in breach of the possession order date so I can go ahead and issue the N325 for bailiffs. Do I include the 250.00? If so:

(A) = 250.00
(B) = 250.00
Issue Fee = 95.00
Solicitors costs = 0.00
TOTAL = 345.00

Is that correct? Do I include the 250.00 costs? If so does this mean the bailiffs will seaze goods worth 250.00 + 95 as well as give me possession? Or is this value meaningless and I will have to sue privately?

Thanks in advance.

davidjohnbutton
03-08-2010, 12:08 PM
That is correct though I doubt the bailiff will sieze goods at the same time as doing a possession warrant but you can always draw that matter to their attention when you receive the notice of appointment with bailiff.

dc1977uk
05-08-2010, 16:09 PM
Thank you for your reply David.

william5
08-08-2010, 12:45 PM
I rented out a property under an Assured Shorthold Tenancy. I want the property back to live in and the process of an N5B has been gone through and the tenants were issued with an Order for possession (N26A) dated the beginning of June 2010. I have a good relationship with the tenants who are currently waiting to be allocated a property from the local Housing Register. As a result (and because I can still stay with a friend) I have not yet gone back to court to submit an N325 (Request for Warrant of Possession of Land) and my question is:

Once an N26A has been granted, is there a time limit placed on being able to return to court and submit the N325?

Many thanks in advance.

davidjohnbutton
08-08-2010, 14:30 PM
Not unless the court order specified a date by which it would become invalid and they usually dont.

You may find that you will have to issue the N325 in order for the tenants to be rehoused by the council - different councils have different policies - some will rehouse at the court order point - others will physically follow the bailiff with keys to a new property!!!

Jam
26-08-2010, 18:16 PM
Hi all,

I am in the process of evicting a tenant from my property. This is my first eviction. So far i have got the possession order and filled in the N325 'Request for Warrant of Possession of Land' correctly. That will be posted next week then i'll be waiting for the bailiffs to do the rest.

To get this far i have used the accelerated possesion procedure as my tenant was beyond the 6 months contract & had been given 2 months notice (now passed & they are still there hence the eviction). At that stage there were no rent arrears.

So far so good, thanks to a lot of info found on this forum from all you helpful people and a bit of searching on my part. :)

Now as i have used the accelerated procedure it doesnt alow for claiming back rent just my costs (im not hopeful but im trying !) however my tenant is now 1 month behind with the rent and im not hopeful she will pay up after being evicted. Is there a process i can use to pursue her for what i am sure is going to be some lost rent.....i really dont want her to get away with it as she is on housing benefit and i feel i have already paid taxes to fund her benefits and i dont want her to get the cash. Its a principal thing more than anything at this stage.

Any advice appreciated.

Cheers.

jta
26-08-2010, 18:21 PM
Speak to the council, keep them informed. As soon as the money owed reaches 8 weeks they should pay you direct up until the eviction.

You might get someone sensible there that will take action sooner.

AndyJohnson
31-08-2010, 18:34 PM
hi all

i won an order for possession for £2880 rent arrears, as well as £100 costs

i have the warrant form in front of me, where i instruct the bailiffs

i just need a little help with figures, if u dont mind helping

section 4 (warrant details) asks for the following:
A balance due at date of request
B amount for which warrant to issue

i take it i put the figure of £2880 for A and B right?

when and why would these figures ever differ?

if i put the £2880 figure for A and B - then where do i add the court costs of £100?

hope this doesnt sound too complex! thanks

Poppy35
31-08-2010, 19:48 PM
if you have an order for £2880 plus £100 then you put £2980 in the sections.

AndyJohnson
31-08-2010, 19:56 PM
thanks poppy

when and how could the sum for A differ from B?

and what would happen if for any reason the tenant decides to pay off the arrears by the time the bailiff turns up?

can the eviction be cancelled this way?

TPRL
01-09-2010, 10:33 AM
Regarding the N325 warrant form, yes, the Tenants can apply to the court to have it delayed/set aside once it has been issued and a bailiff date has been confirmed. However, the judge can only extend up to 42 days and the possession order will not be set aside - hope this helps. Amanda

AndyJohnson
01-09-2010, 12:16 PM
thank you for the reply

does this happen often?

what reason could they ask to get their extention approved?

Moderator1
06-09-2010, 22:49 PM
Two or more threads on the same topic have been merged here.