Tenant breach Not rent

  click here to open guide. Dealing with Possession NON rent arrears

 

Complete the following

1. Form N5 - correctly completed.
2. Form N119 - correctly completed.
3. A copy of the original section 8 marked exhibit A.
4. If the breach is rent arrears then a copy of the rent statement marked exhibit B.
5. A cheque for £150 made payable to HMPG.

A week before the hearing, update the arrears position and send a copy to the tenant and the court quoting the case number. Label Exhibit B.

What you send to the court should include the following:

1. Form N5 and Form N119 correctly completed.
2. A copy of the original Section 8.
3. If the breach is rent arrears then a copy of the rent statement. A week before the hearing you should update the arrears position and send a copy to the tenant and the court quoting the case number. If you fail to do this then the tenant may get an adjournment.
4. A cheque for £150 made payable to HMCS

If your tenancy agreement was issued before 01/12/03 and the rent payable under the agreement term exceeded £5000, the AST must have been stamped at the Stamp Office.

The Form N5 contains 2 sheets.

Page 1:

The County Court which covers your property can be found at HMRC Court Link .

1. The Claimants Name and Address (i.e. your name and address).
2. The Defendants Name and Address (i.e. the tenants name and address).
3. The Property Address (i.e. the address of the property being let to your tenant).
4. The Court Fee which is £150 (this should be enclosed in the form of a cheque made payable to the HMCS).
5. The Solicitors Fee is £0 since the whole point of this procedure is to remove the need for their use. Therefore the total cost is £150.

Page 2:

This sheet comprises two columns of check boxes whereby you state what the defendant's breach is.

Column 1: If the breach is rent arrear then tick the first box (rent arrears), if the breach relates to something other than rent then tick the second box (other breach of the tenancy). If the tenant has done both then tick both boxes. All other boxes are, generally, not applicable save in the case that your tenant has left the property and you wish to seek an abandonment order so as to regain possession. If this is the case then tick other and state abandonment.

Column 2: This covers anti-social behaviour. The recommendation here is that, because this is difficult to prove, you should not pursue a claim on this basis unless you have reliable witnesses willing to attend court.

Court Form N119

This Court Form contains a number of sheets. The following information is required:

The County Court which covers your property

- if you are unsure as to which County Court this is, you can either (a) visit/phone any County Court

The Claimants Name (i.e. your name)
The Defendants Name (i.e. the tenants name)

(1) The claimant has a right to possession of [property address being let to the tenant].

(2) The following persons are in possession of the premises - Insert the name(s) of your tenant(s).

(3)(a) The premises are let to the defendant under a [assured shorthold] tenancy which began on [date of commencement of the tenancy].

(3)(b) The rent is [current rent]. Indicate whether this is weekly or monthly by deleting as appropriate.

(3)(c) Any unpaid rent should be calculated at [daily rent] per day. Note that the daily rent is given by: [monthly rent 12] 365 if the tenancy is monthly OR [weekly rent 52] 365 if the tenancy is weekly.

(4)(a) The reason the claimant is asking for possession is because the defendant has not paid the rent - if your tenant's breach is rent arrears then attach a Rent Statement and indicate in the space below, that you have done so by stating schedule of payments attached see RENT STATEMENT. If your claim is not for rent arrears then leave this section blank. A rent statement can take any form but should ideally have sufficient information on it to indicate to the court: what day of each month the rent is due, when the defendant paid for each particular month and how much the defendant paid each month since the commencement of the tenancy to present day.

(4)(b) The reason the claimant is asking for possession is because the defendant has failed to comply with other terms of the tenancy. Details are set out below. If the defendant's breach only related to rent arrears then leave this section blank, otherwise state clearly, concisely and precisely what the breach was e.g. The tenant has damaged my sofa in the living room.

(4)(c) - Leave this section blank

(5) The following steps have already been taken to recover any arrears - state exactly what you have done. It is extremely easy to fall foul of the requirements for harassment, so ensure the steps you have taken will not be deemed unlawful and incriminate you in any way. Examples of things that could be written here are: sending letters (to the property address), making phone calls (to the property address) and visiting the property. You must not in anyway whatsoever, seek out the tenant outside the realms of the property as this will be deemed harassment. Therefore you should not, for example, call the tenant at work or visit them whilst they are at work.

(6) - Here you should delete: notice to quit notice of breach of lease notice seeking demotion order and other - you should leave notice seeking possession. It then continues to state was served on the defendant on [date section 8 notice was deemed served].

(7) The following information is known about the defendants circumstances - only fill this in if your tenant is on housing benefit stating that they are, otherwise leave this blank.

(8),(10) & (12)-(15) - Leave blank

(9) If the landlord does not have a mortgage then delete 9(b) and leave 9(a) intact. If there is a mortgage then delete 9(a) and insert lenders details in 9(b).

(11) Is the claimant asking the court for a demotion order or an order suspending the right to buy? - tick NO

Statement of Truth:

You, as the landlord, are the claimant and hence you will leave- I believe and delete-the claimant believes. You will also delete- I am duly authorised by the claimant to sign this statement. Then sign and date the document. Leave- Claimant and delete both-litigation friend and claimants solicitor. Print your full name and delete the last two lines which read-name of claimants solicitors form and position or office held.