Step 2
Claim Requirements & Particulars
Ground 1 Breach of Tenant's Obligations
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Claim Form Requirements
Use the checklist below
Type of Claim form Required
N5
Type of Claim form Required
N5
Claimant's Identity Must be stated
Claimant must be the landlord, and his name must be included on the Claim Form.
Claimant's Identity Must be stated
Claimant must be the landlord, and his name must be included on the Claim Form.
Defendant
The correct Defendant(s) name must be include i.e the tenant or tenants
Defendant
The correct Defendant(s) name must be include i.e the tenant or tenants
Identifying the correct property
The Claim form must outlined the correct property for which possession is being sought
Identifying the correct property
The Claim form must outlined the correct property for which possession is being sought
The Claim form has to outline that the property is residential
The landlord has to outline that the property is residential
The Claim form has to outline that the property is residential
The landlord has to outline that the property is residential
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
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
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
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
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
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
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
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
Particulars of Claim Requirements
Use the checklist below
What type of Form must the Particulars of Claim be in?
From N119
What type of Form must the Particulars of Claim be in?
From N119
Identification of property
The Particulars of Claim must identify the property to which the claim relate
Identification of property
The Particulars of Claim must identify the property to which the claim relate
Stating Grounds relied upon
The Particulars of Claim must identify state the Ground relied upon.
Stating Grounds relied upon
The Particulars of Claim must identify state the Ground relied upon.
The 'exact' Ground stated must be the same as the Notice
The exact Ground relied upon match the exact Ground stated in the Notice
The 'exact' Ground stated must be the same as the Notice
The exact Ground relied upon match the exact Ground stated in the Notice
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.
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.
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
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
Particulars for Claims Including a Claim of Non-Payment of Rent
If the Claim includes a claim for non-payment of rent, the particulars must include:
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
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
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.
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.
Statement of Daily rate of rent and Interest
The particulars of claim must outline the daily rate of any rent and interest;
Statement of Daily rate of rent and Interest
The particulars of claim must outline the daily rate of any rent and interest;
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.
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.
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).
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).
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
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
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.
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.
Claims Which Relate to the Conduct of the Tenant
For example, anti-social behaviour
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.
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
FAQ
Consequence of Failing to Meet the Requirements Above
Still have questions? We've got answers.
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
What is the effect if any of the above requirements are not followed by the Landlord?
What is the effect if any of the above requirements are not followed by the Landlord?
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Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.