Court Forms
We provide access to a range of Factsheets, Notices and Forms and in a variety of formats to ease completion.
ENGLAND & WALES
Assured Shorthold Tenancy Agreement
Section 8: (Grounds for Possession)
- About Section 8 on our landlord Library
- Notice seeking possession under Section 8
- Grounds for possession under Section 8
- Guidance Notes for Section 8
Section 21:
- About Section 21 on our landlord Library
- Create your own Section 21
- Service of Section 21 Notices and Form (PDF file)
HMOs (Houses of Multiple Occupation)
- About HMOs on our Landlord Library
- Definition of an HMO
- HMO Licensing Frequently Asked Questions
- Guide to HMO licensing
- Appealing against HMO Licensing decisions
Tenant Particulars
Notice proposing a new rent
Possession of Land
Free Court Leaflets
These leaflets can be sent to you by post from your local County Court (listed under Courts in the telephone directory). This list is subject to ongoing change as the Civil Justice Reforms are implemented.
Possession
- Landlord’s leaflet – Assured tenancies. An assured tenancy? There is a quicker possession procedure you can use. (The Court Service EX330, 4/99)
Tells you about the accelerated possession procedure. Every landlord should have a copy. There is a complementary leaflet for tenants called Tenant’s Leaflet – Assured tenancies.
- An application for possession. What you can do. (Court Service EX331)
- Squatters – A quicker procedure. Information for owners and tenants. (The Court Service EX332, 6/95)
Leaflet designed for the rightful occupier of the premises, and explains what to do when faced with a squatter. A fast track procedure is available which requires the squatters to vacate within 24 hours of the interim possession order being served. There is also a complementary leaflet for squatters
- Squatters – Illegal occupation of premises. Information for occupiers. (The Court Service EX333, 6/95)
Claims
Claims in the county court are now allocated to one of three tracks, the small claims track, the fast track, or the multi-track. The small claims track is used where the claim is not above £5,000, plus court fees (or £1,000 in cases of personal injury or housing disrepair). In the small claims track, legal costs (apart from court fees) are not normally admissible; a solicitor is not normally necessary.
- Making a claim? Some questions to ask yourself. (Court Service EX301, 4/99)
- How to make a claim (Court Service EX302, 4/99)
- A claim has been made against me– what should I do? (Court Service EX303, 4/99)
- No reply to my claim form – what should I do? (Court Service EX304, 4/99)
- The fast track and the multi-track (Court Service EX305, 4/99)
- The defendant disputes all or part of my claim (Court Service EX306, 4/99)
- The small claims track (Court Service EX307, 4/99)
- The defendant admits my claim – I did not claim a fixed amount of money (Court Service EX308, 4/99)
- The defendant admits my claim – I claimed a fixed amount of money (Court Service EX309, 4/99)
- A guide to debt recovery through a county court for small businesses. (Court Service EX350, 4/99)
Enforcing your Judgement
The following leaflets deal with the procedure you should use to get payment. Bear in mind that you cannot get money from someone who has none.
- Enforcing your judgement – General procedures. I have a judgement but the defendant hasn’t paid. What can I do? (Court Service EX321, 10/97)
- Enforcing your judgement – Warrant of execution. How do I ask for a warrant of execution? (Court Service EX322, 10/97)
- Enforcing your judgement –Attachment of earnings. How do I ask for an attachment of earnings order? (Court Service EX323, 4/99)
- Enforcing your judgement – Oral examination. How do I ask for an oral examination? (Court Service EX324, 10/97)
This procedure is one you may wish to use immediately after getting judgement, if getting payment looks difficult. It enables you to obtain information about the defendant’s financial circumstances.
- Enforcing your judgement: Garnishee and Charging orders. (EX325, 10/97)
Can be complicated, a solicitor is usually used.
Responding to a Judgement
- I cannot pay my judgement – What do I do? (Court Service EX326, 2/97)
This leaflet explains the various options for payment if you have a judgement against you, and what will happen if you do not pay. Worth looking at if you have a judgement against someone, and you want to know what their options are; it reminds the debtor that they can go to prison for evading an oral examination.
- Registered judgements. What does it mean? (Court Service EX320, 10/97)
Explains the implications of being on the Register of County Court Judgements, and what to do about it.
Attachment of Earnings
- Your guide to the Attachment of Earnings Act 1971 (Court Service A/E Leaflet, 3/97)
Explains the procedure for an employer where an attachment of earnings has been ordered against an employee. Worth looking at if you intend to apply for an attachment of earnings order.
Court Procedures
- Court hearings in the High Court and County Courts. Some things you should know about coming to a court hearing. (Lord Chancellor’s Department EX342, 4/99)
A useful read if you have not gone to court before.
Fees
- County Court Fees. Fees you will have to pay to issue a claim, enforce judgement or make applications – from 2 May 2000. (Court Service EX50 FEES, 5/00)
Complaints
- I want to complain. What do I do? (Court Service EX343)
How to make a complaint about the service you receive from the court staff (not about the court’s decision).
Court Forms
The following court forms are commonly used by landlords in possession actions, following the service of the appropriate prior notice.
They are also available by post from your local County Court (look under 'Courts' in the telephone directory). The links below give direct access to the appropriate page of the Courts Service.
The forms may be completed online. Most of these forms have guidance notes on their completion, either in the margin of the form or on a separate sheet of notes. Many possession actions are done by landlords as litigants in person, but members of the NLA are encouraged to ring the association Advice Line for guidance before attempting such a possession action for the first time.
| N5 | Claim form for possession of property | ||
| N5b | Claim form for possession of property (accelerated procedure) | ||
| N5c | Notes for claimant using accelerated procedure for possession of property | ||
| N119 | Particulars for claim of possession | ||
| N119a | Notes for guidance on completing particulars of claim form |
SCOTLAND
- Style Tenancy Agreement NEW edition - June 2007 This form is intended, in conjunction with Scottish Executive form AT5, to create a Model Short Assured Tenancy as defined by the Housing (Scotland) Act 1988.
- Form AT5. Notice under section 32 of the Housing (Scotland) Act 1988 to be served on a prospective tenant of a short assured tenancy.
- Form AT6. Notice under section 19 of the Assured Tenancies Housing (Scotland) Act 1988 as amended by paragraph 85 of schedule 17 to the Housing Act 1988 of intention to raise proceedings for possession.
- Section 11 Notice. Notice is required under the Homelessness etc (Scotland) Act 2003, Section 11, NOTICE BY LANDLORD OF PROCEEDINGS FOR POSSESSION. This must be sent to the local authority in whose area the dwelling house that is the subject of proceedings is situated.
- Notice to Quit for Assured & Short Assured Tenancies. This notice must be served in conjunction with a section 33 notice (for Short Assured tenancies only) and an AT6 (for Assured and Short Assured Tenancies.
- Notice to Terminate. Notice of landlord's requirement to possession of property at termination of short assured tenancy under Section 33 of the Housing (Scotland) Act 1988 Section 33(1) (d) as amended by paragraph 85 of schedule 17 t the Housing Act 1988.