Possession On-line Arrears

This process can only be used where you have previously issued a valid Section 8 Notice (rent arrears only) and at the time you make this application the tenant MUST still owe you two months’ rent [meaning Ground 8 on the Notice remains valid].

If you have not done so already issue a Section 8 Notice for Breach of Tenancy

Follow our Comprehensive Guide below - we take you through the process step-by-step highlighting the common mistakes people make, so you avoid your application being dismissed

Note - To qualify to use this process the Tenant MUST be no less than 2 months in arrears and the Section 8 Notice (rent arrears only) MUST include Ground 8

If you intend relying on other grounds such as damage nuisance then you cannot use this route and must apply via the alternative route click here.

If you are seeking mandatory possession because you have issued a Section 21 that has expired the click here.

If you have already submitted or have an ongoing application for the accelerated possession process you are ineligible to use this process.

If you have commenced debt recovery for the rent arrears using alternate means such as MCOL or suing the guarantor, you should not proceed any further [consider clicking no on Step 5 claim particulars below money order section x of process].

Within 7 days of commencing the PCOL process you must serve on the defendant / tenants an up-to date arrears schedule. Include details of the dates and amounts of all payments due and payments made under the Tenancy Agreement. You must be able to demonstrate to the Judge a pattern of behaviour on the tenants’ part. The arrears schedule required is very precise in content Print letter

This is how you make an application for possession online

Firstly before you completing your claim - You should be a registered user of PCOL this is a straightforward process click here.

Have a copy of your section 8 Notice at hand.
Have the tenants’ statement of rent account at hand – This is a MUST for this form.

Date Payment Due

Amount Due

Amount Paid

Accumulated Arrears

You are now ready to start your claim Click Begin New Claim - https://www.possessionclaim.gov.uk/pcol/claim/submitClaimStep1.do

Select the Landlord contact details these default to your registration details [continue].

STEP 1 Claimant Details

Claimant Details must be a contact address for the Landlord in England or Wales. Ideally the same address as specified on the tenancy agreement.

STEP 2 Correspondence Address

Alternate contact address - defaults to your registration contact details.

Step 3 - Claimant Details

Claim Type – is Rental Arrears and Claimant is Private Landlord.

Address of Property to be repossessed - This is the rental address include ROOM number, flat number if applicable.

STEP 4 - Defendant Details

Tenants Full Name i.e. Mr James Smith [If a lady enter Ms for do you really know their marital status].

Tenant address - The default address shown is that of the property to be repossessed. If the defendant is resident at an address other than the property you must update the details before proceeding. Unless you have formally been informed the tenant resides elsewhere, then you should proceed on the basis you know of no other address. If you have to seek possession on the basis the tenant has not vacated then as far as you're concerned they remain at the property. The property is under their control not yours [otherwise why are you having to reclaim possession you could see abandonment section of this site click here].

Email and Phone – The tenants email and Phone are optional. It is not necessarily in your interests that the tenants attend court for should they fail then the possession and monetary award is granted in their absence. One may consider not providing email or phone as it adds no value to your claim.

Once you have entered all the named tenants on the Agreement address click NEXT

STEP 4 - Claim Particulars

Tenancy Type : Assured or Assured Shorthold (being AST)

Tenancy began on:

Current Rent : X per week, month select as applicable

Unpaid rent should be calculated at: If Monthly= Monthly rent * 12 / 365. If weekly * by 52 then liide by 365.

Reason for Possession USE this text

“RENT arrears - As of specify the date now total - $XXXX, Section 8 Notice issued for grounds 8, 10, 11 rent arrears".

Recovery Steps Already Taken

Use your own words but consider “I have sent the tenant rent reminders and called them”.

Notice type – Select Notice Seeking Possession or Other then put the words Section 8 Notice.

Defendants Circumstance such as “they have been a tenant for 3 years and rent payments have been erratic and arrears continue to increase”. Use your own words but ensure you can substantiate any claim you make. Do not include any personal comments and ONLY focus on the ARREARS or STATE FACTS.

About The Claimant (this is you, the Landlord)

If you are suffering hardship then state so for the JUDGE is obliged to consider your situation.

Example I am a single parent with two dependent children aged 8 and 12. Due to non receipt of rent, I myself am in arrears with my mortgage payments and this situation is causing me and my family financial hardship

Monetary Judgment -

With the PCOL process you are typically seeking possession and a monetary Judgment. You may consider not asking for a Money judgment if you INTEND suing somebody else such as a guarantor. If you secure possession and no money order, you would require a further MONEY order to enforce recovery against the tenant. Otherwise no money order and sue the guarantor.

Subjective view is - You should always seek a money judgement for where the tenant sees you are suing them this may encourage them to negotiate departure, leave by compromises or even do a runner. Either way you potentially expedite their departure.

STEP 5 Payment History

The Judge requires to see a rent schedule this is why you should have this at hand.
Tip: Press "save draft" periodically otherwise at times you may lose your changes through time-outs etc and you will have to begin again.

Enter the amounts as example below

Remember -

You must add manually add the accumulated arrears otherwise an invalid application.
The date input must be input 02-02-2010 to be valid __-__-__ even though the system display __/__ /____

Date Payment Due	Amount Due	Amount Paid	Accumulated Arrears	Actions
01/09/2010	500.00	0.00	500.00
01/10/2010	500.00	0.00	1000.00
01/11/2010	500.00	300.00	1200.00

ONCE THE TABLE IS COMPLETE Click continue

Step 6 - Statement Of Truth

Please take your time click on all the tabs and double check your claim If you complete a statement of truth knowing it to be false the consequences maybe: You could be prosecuted for Unlawful Eviction.

The Judgement can be set aside [dismissed] at a later date.
Your action could be deemed as Harassment and you could be prosecuted.
The tenant could sue you for compensation for unlawful eviction.
You are liable to proceedings for contempt of court.

Step 7- Make Payment

Once payment cleared

The tenant is notified within 7 days and you are informed of a court date MANDATORY: Now your claim has been filed you MUST provide the tenant with an up to date schedule of rent arrears

If the tenants starts making claims of disrepair, arrange an inspection ASAP and remedy any problems and try and get the tenant to sign as such. If required arrange for tradesmen and document any refusals by the tenant to assist in completion of the works.

Make sure you have complied with deposit requirements.
If you are offered any payments - You are obliged to accept.
Any proposals made by the tenant to settle monies MUST be in writing and signed by the tenant.
Beware of requests to cease action based on promise of the tenant vacating - Only once the tenant has vacated and signed a letter of surrender should you withdraw your claim.
If the tenant offers a solution whereby they vacate on proviso you accept a settlement [or waive rights to claim from them] you should consider such. This is because from date of submission to eviction [bailiff] could take you a further 12 weeks.
Any agreement must be signed by ALL parties to the agreement.