Commencing Proceedings - Section 8 Notice Rent Arrears
You have indicated that you have served a section 8 notice on grounds 8, 10 & 11 and it has expired.
When asking the court for a possession order on the grounds of rent arrears, there will always be a hearing. Essentially and briefly, the following will occur:
- Landlord can apply for possession on-line or completes two court forms, N5 and N119
- Landlord gives court nearest to the property the completed forms along with payment
- Court serves forms on tenants
- At the same time, a hearing will be booked and landlord and tenant will be notified of hearing date
- The hearing date will not be less than 4 weeks and not greater than 8 weeks from the date of issue
- Tenant will have opportunity to defend claim (e.g. does not owe rent or landlord is in breach of repairing obligations etc.)
- Hearing takes place
- If landlord proves (a) tenant was two months or more in arrears at the time of service of the section 8 notice and (b) tenant is two months or more in arrears at the time of the hearing, landlord is entitled to possession.
- Judge will give up-to 14 days for tenant to vacate. There is power to extend the 14 days up-to 6 weeks, however that is only on "very rare occasions"
- If tenant fails to vacate, landlord can apply to bailiff who will then remove the tenant
Making the application
The easiest way to make a claim for a possession order on the grounds of rent arrears is by completing the special Court Service on-line application using the "possession claim on-line" service. The fee for using the on-line service is £50.00 cheaper than the paper forms method (£100.00 fee as apposed £150.00). The other option is to fill in forms N5 and N119 and send them to the court.
Click here for possession claim on-line
The guidance for on-line possession has been temporarily removed because the possession claim website has changed slightly and minor changes have taken effect in the practice direction. We are currently updating the guidance but you can use the forms guidance to see what words to put in which box. (Essentially the on-line system is the same as the form).
