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Requirements

Claim Form

Claim Form Requirements

Please follow the Steps below

1

Type of Claim form Required

Form N5
Click to view form

2

Claimant’s Identity Must be stated

Claimant must be the landlord, and his name must be included on the Claim Form.

3

Defendant

The correct Defendant(s) name must be include i.e the tenant or tenants

4

Identifying the correct property

The Claim form must outlined the correct property for which possession is being sought

5

The Claim form has to outline that the property is residential

The landlord has to outline that the property is residential i

6

If there is a claim for money

On the Claim form, the landlord must also state if they are also making a claim for money alongside possession

7

State the ‘type’ of Ground(s) relied upon (not the exact Grounds)

The type of Ground relied upon for possession must identified and entered on the Claim

8

The type of Ground stated must be the same as the Notice

The type of Ground relied upon must the same as in the Notice

9

The address of the claimant and the claimant’s legal representative

The address of the claimant and the claimant’s legal representative must be entered on the Claim Form

10

In possession claims brought under Section 84A Housing Act 1985, the Landlord should Include with the Claim Form or in any witness statement the following:

The social landlord should include with its claim form, or in any witness statement filed under CPR 55.8(3), a schedule stating:

(a) whether it has (by a statutory review procedure or otherwise) invited the defendant to make representations of any personal circumstances or other matters which they wished to be taken into account before the social landlord issued the proceedings;

(b) if representations were made, whether and how they were considered and with what outcome;

(c) brief reasons for bringing proceedings; and

(d) attach copies of any relevant documents which the social landlord wishes the court to consider in relation to the proportionality of the landlord’s decision to bring the proceedings

Requirements

Particulars of Claim

Particulars of Claim Requirements

Please follow the steps below

1

What type of Form must the Particulars of Claim be in?

From N119
Click. to view form

2

Identification of property

The Particulars of Claim must identify the property to which the claim relate

3

Stating Grounds relied upon

The Particulars of Claim must identify state the Ground relied upon.

4

The ‘exact’ Ground stated must be the same as the Notice

The exact Ground relied upon match the exact Ground stated in the Notice

5

Give full details about the tenancy agreement

Full details about the tenancy agreement should be provided as outlined in Page 1 of the N119 Form.

6

The Particulars of Claim must give details about the Defendants

The Particulars of Claim must give details about who is in possession of the property

Requirements

Particulars of Claim

If the Claim includes a claim for non-payment of rent, the Particulars must include the following

Please follow the steps below

1

The amount of rent due at the start of proceedings

The Particulars of Claim must outline the amount of rent due at the start of the proceedings

2

Rent Schedule (Document showing rent paid and missed payment history)

a) the dates and amounts of all payments due and payments made under the tenancy agreement for a period of two years immediately preceding the date of issue

or

b) if the first date of missed rent payment occurred less than two years before the date of issue of claim, then the Landlord must provide a record of all the rent payment made and all the rent payments missed under the tenancy agreement from the date of the first default

or

c) If the claimant wishes to rely on a history of arrears which is longer than two years, he should state this in his particulars and exhibit a full (or longer) schedule to a witness statement.

3

Statement of Daily rate of rent and Interest

The particulars of claim must outline the daily rate of any rent and interest;

4

A description of all previous steps taken to recover the arrears

A description of any previous steps taken to recover the arrears of rent with full details of any court proceedings.

5

Any relevant information about the Defendant circumstances

The particulars of claim must include any known circumstances about the defendant that are relevant to the claim, for example, financial circumstances, health, family etc…. (this is non-exhaustive list).

6

If the Defendant is receiving any for of social security benefits (i.e UC or Housing Benefit)

The particulars of claim must include any known circumstances about the defendant, in particular whether the Defendant is in receipt of social security benefits

7

Payments made directly to the Claimant under the Social Security Contributions and Benefits Act 1992

The Particulars of Claim must outline whether any payments are made on his behalf directly to the claimant under the Social Security Contributions and Benefits Act 1992.

Requirements

Particulars of Claim

Claims which relate to the conduct of the tenant i.e nuisance, anti-social behaviour etc…

Please follow the steps below

1

Statement of allegations

If the claim for possession relates to the conduct of the tenant, the particulars of claim must state details of the conduct alleged.
FAQ
Claim form and Particulars of Claim – Faults

Consequence of failing to meet the requirements above

Please read the information below

What is the effect if any of the above requirements are not followed by the Landlord?

The Civil Procedure Rules

The above requirements required by the Civil Procedure Rules. The Civil Procedure Rules govern the way in which Court Proceedings should be managed by the parties and the Court.

The effect of Breaching the Civil Procedure Rules

The type of consequence the Court may impose for breaching the Civil Procedure Rules will depend on the nature of the breach and the severity of the effects of the breach.

The Court is entitled to sanction a party who has breached any of the Civil Procedure Rules. How the court sanctions the defaulting party, is at the discretion of the court.

Requesting ‘Relief’ from Sanctions

It is also available to the Party who has breached to request that the Court does not proceed to sanction it. This is called an application for Relief from Sanctions.

Court permission to amend error in hearing or by adjourning the proceedings (pausing the proceedings)

The Court may also allow a party to amend its Claim Form or Particulars of Claim. The Court may allow the Party to make such an amendments right away in the hearing, alternatively, the Court may order an ‘adjournment’ (pausing the proceedings) until the amendment is carried out