Procedure for possession

Once a landlord has served a valid section 21 notice or section 8 notice he can apply to the court to start court proceedings as soon as the notice expires. Proceedings must be started in the court which covers the area where the property is.

Once a landlord has served a valid section 21 notice or section 8 notice he can apply to the court to start court proceedings as soon as the notice expires. Proceedings must be started in the court which covers the area where the property is.

For claims under Section 8 the landlord will need to complete the Claim Form for possession of property (N5 Form) and also the Particulars of Claim (rented residential premises) N119. If he also wants to claim rent arrears he should provide details on the form. For claims under Section 21 the Claim Form for Accelerated Possession (N5B) can be used (if there is no written agreement the N5 form must be used).

Completed forms can be sent or taken to the court office. Once they are received, the case will be allocated a hearing date. There will usually be at least a month’s wait for a court hearing. From the 19th March 2014, most County Court claims have to be sent to the new National Civil Business Centre (NCBC.)  This is merely an administritive centre, dealing with paperwork concerning issuing of claims and later through the process of default judgements covering any damages and or money claims made.  Claims will be treated as being issued in Northampton County Court, in practice this will not mean attending the hearing at that court.  Cases will automatically be transferred to the defendant or claimants “preferred” court if a hearing is required. 

The landlord will need to supply the court with relevant paperwork including copies of the tenancy agreement, notice(s) sent to the occupier, and any other relevant documents (such as letters).

Note that the most common reason for possession claims being rejected by the court is that they are signed by a letting agent. Only the landlord personally or his solicitor can sign the court papers. A letting agent can help to draft the paperwork but he cannot sign on the landlord’s behalf (unless there is a properly drafted power of attorney which must be produced to the court).

At the hearing the landlord can represent himself or, if he is unfamiliar with court work, instruct a solicitor. Alternatively, some online legal services for landlords provide ‘do-it-yourself’ kits for a modest price. If using a solicitor, make sure it is one who is experienced in this area of work. There are several firms who specialise in this work and who should be able to offer a fixed fee. A reputable landlords association will be able to recommend a suitable firm or many of them will advertise on the internet via online landlords services.

If the landlord wishes to represent himself, as this type of claim involves a court hearing it is best to get at least some advice before starting unless he is already familiar with court work.