Stage 2: Starting court proceedings for possession (rent arrears)

Compatible region(s): England

Use this pack after correctly serving a notice seeking possession under section 8 of the Housing Act 1988 where the tenant(s) has failed to pay the rent arrears in the time stipulated in your notice. 

The documents contained in this pack give you everything you must use in order to start court proceedings, obtain an order for possession and to obtain an order for the tenant(s) to pay the rent arrears (if they do not issue a defence at court disputing your claim). The pack contains all the court forms, letters and ancillary documents, such as schedules and witness statements, required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant will be liable to pay for them.

You should start the process by using the documents ‘Form N5 - Claim for possession of property (rent arrears only)’, ‘Form N119 – Particulars of claim (rent arrears only)’and ‘Schedule of rent arrears for form N119’. You should then send these completed documents to the court along with the associated covering letter ‘Covering letter for claim form N5 & N119’.

The document notes that come with these documents will explain which of the documents included in this pack you will need to use next or view our flowchart .

If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the ‘accelerated possession procedure as this process is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.

Pack documents:

•    Form N5 - Claim for possession of property (rent arrears only)
•    Form N119 – Particulars of claim (rent arrears only)
•    Schedule of rent arrears for form N119
•    Covering letter for claim form N5 & N119
•    Updated rent arrears schedule and witness statement for possession hearing
•    Schedule of costs for applications to court to recover costs
•    Form N215 - Certificate of service
•    Possession claim notice: effect of the coronavirus pandemic on the tenant

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Included in this service:

Covering letter for claim form N5 & N119 (Guidance Notes)
Use this covering letter to the court if you're issuing an application for a possession order for rent arrears for assured shorthold tenancy agreements. You'll need to have already completed claim forms N5 and N119.

You must not send this letter (or the N5 and N119 forms) to the tenant if you're told that they've been granted formal 'breathing space' from the rent arrears debt under the Debt respite scheme.

Form N119 - Particulars of claim (rent arrears only) (Guidance Notes)
Use this form to apply for a court order to get possession of a property in England. You can use it if you've given your tenants a valid 'section 8' notice (seeking possession due to rent arrears) and the tenants have either not left or still not paid the arrears by the deadline given in that notice.

You can only use it if you are a private landlord seeking possession against a tenant with an assured or assured shorthold tenancy agreement solely on the grounds of rent arrears. It should not be used for claims using the accelerated possession procedure.

Complete it together with Form N5. Once completed, both forms must be sent to the relevant court together with the appropriate court fee.

If you've been told that your tenants have been granted 'breathing space' under the debt respite scheme, you can't send either form during this period without first getting a court's permission.

Form N215 - Certificate of service (Guidance Notes)
The N215 certificate of service should generally be completed after having sent any court documents, such as claim forms or applications to the court, or other important documents to an opponent after (or sometimes before) court proceedings have begun. The form provides evidence that the documents have been served on an opponent. It is only suitable for claims within England & Wales.
Form N5 - Claim for possession of property (rent arrears only) (Guidance Notes)
Use this form to apply for a court order to get possession of a property in England. You can use it if you've given your tenants a valid 'section 8' notice (seeking possession due to rent arrears) and the tenants have either not left or still not paid the arrears by the deadline given in that notice.

You can only use it if you are a private landlord seeking possession against a tenant with an assured or assured shorthold tenancy agreement solely on the grounds of rent arrears. It should not be used for claims using the accelerated possession procedure.

Complete it together with Form N119. Once completed, both forms must be sent to the relevant court together with the appropriate court fee.

If you've been told that your tenants have been granted 'breathing space' under the debt respite scheme, you can't send either form during this period without first getting a court's permission.

Schedule of costs for applications to court to recover costs (Guidance Notes)
This document creates a schedule of costs to be used in general court proceedings by a litigant acting in person when applying to recover their costs of time spent and expenses incurred in conducting a claim.
Schedule of rent arrears for form N119 (Guidance Notes)
Use this document to create a schedule of rent arrears as is required when applying to the court for a possession order on the grounds of rent arrears. This document must accompany N119.
Updated rent arrears schedule and witness statement for possession hearing (Guidance Notes)
If you're trying to get a possession order in England or Wales on the grounds of rent arrears, this will create the witness statement and updated schedule of rent arrears that you'll need for the court possession hearing.

These documents must be received by the court and the tenant(s) at least 2 days before the date of the court possession hearing. We therefore recommend that you complete them a week before the court hearing so that you can send them in time.

Rent arrears pack flowchart

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