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Home / Personal Legal Services / Landlords / Possession Plus due to Rent Arrears (pack)
Compatible region(s): England & Wales

Possession Plus due to Rent Arrears (pack)

This Possession due to Rent Arrears Plus pack comes with checked documents Plus telephone support from a specialist lawyer.  Use this if you need to obtain possession of your property from tenants who have failed to pay the rent and are in arrears. The pack can also be used to obtain an order for possession and judgment for the rent arrears.

This pack contains all the court forms and documents for the court procedure that a landlord requires to start court proceedings, obtain an order for possession (where the claim is not disputed by the tenants) and apply for the court bailiff to remove the tenants from the property.

Before starting court proceedings the landlord must have served a notice seeking possession on the tenants (a ‘section 8 notice’). This court procedure can be used for lettings using either an ‘assured shorthold tenancy’ or ‘assured tenancy’ agreement.
If it is unlikely that the tenants will pay the rent arrears (due to their financial circumstances) then a landlord may want to consider obtaining a Possession Order using our ‘Accelerated Possession Plus Pack’ which contains all the court forms and documents that a landlord requires to start court proceedings, obtain an order for possession (where the claim is not disputed by the tenants) and apply for the court bailiff to remove the tenants from the property, using the court’s ‘accelerated possession procedure’, which is a faster court process.
For guidance on when to use the documents in this pack, refer to our flowchart www.rapidocs.co.uk/downloads/rentarrearspackflowchart.pdf (opens a PDF) or contact us by telephone or email – contact details will be provided to you once the pack has been purchased.

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Price: £499.00
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As part of this service, Nelsons will review the answers you input to the System, answer any reasonable questions you may have, make any drafting changes required and ensure you receive a document that is suitable for your requirements based on the answers you gave the System. We will also provide you with additional telephone support to advise you on how to conduct undefended possession proceedings up to obtaining an Order for Possession from the Court, when the telephone support service ends. However, our documents include all you need to enforce an Order and we will check those for you on-line under the fixed fee. The time we spend on this service is limited but designed to fit most people’s reasonable needs, should you require significant extra work, we will provide you with a quote for the additional work.

Included in this service:

Covering letter for claim form N5 & N119 (Guidance Notes)
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This document creates a covering letter to the court for a landlord issuing an application for a possession order for rent arrears for assured shorthold tenancy agreements. To use this document, you will need to have already completed claim forms N5 and N119. This document can only be used in England & Wales.
Covering letter for form N325 (application for warrant of possession) (Guidance Notes)
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This document creates a covering letter to the court for a landlord issuing an application for a warrant of possession which is used to evict a tenant by a bailiff appointed by the court. To use this document, you will need to have obtained an order for possession of the property and the time for the tenant to vacate must have expired or the tenant must have breached the terms of a suspended possession order. You must have also completed "Form N325 - Request for warrant of possession of land". This document can only be used in England & Wales.
Covering letter for section 8 notice (Guidance Notes)
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This document creates a covering letter and a schedule of rent arrears for a landlord serving a notice seeking possession under section 8 of the Housing Act 1988 against a tenant with an assured or assured shorthold tenancy agreement solely on the grounds that there are current rent arrears. You will need to attach the section 8 notice to this letter. Please note that this document can only be used in England & Wales.
Covering letter for witness statement & rent arrears schedule (Guidance Notes)
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This document creates covering letters to the court and the defendants for a landlord serving a witness statement and a schedule of rent arrears. To use this document, you will need to have issued a claim at court for possession of the property using Form N5 (claim form for possession) and Form N119 (particulars of claim) on the grounds of rent arrears. Please note that this document can only be used in England and Wales.
Form N119 - Particulars of claim (rent arrears only) (Guidance Notes)
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The N119 particulars of claim form should be used when applying to court for a possession order if there are rent arrears. It is used for rented residential properties let under either an assured tenancy agreement or assured shorthold tenancy agreement. It must be completed together with Form N5. Once completed, both forms must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales and should not be used for claims using the accelerated possession procedure.
Form N215 - Certificate of service (Guidance Notes)
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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 N325 - Request for warrant of possession of land (Guidance Notes)
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Form N325 should be used to apply to the court to instruct court bailiffs to evict any tenants who have failed to vacate the property within the time given to them by the court under the terms of a possession order, or if the tenant has failed to comply with the terms of a suspended possession order. It can also be used to instruct the court bailiff to recover any money owed by tenants. Once completed, this form must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales.
Form N5 - Claim for possession of property (rent arrears only) (Guidance Notes)
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Use the N5 claim form to apply for a court order to get possession of a property. 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 must be completed together with Form N119. Once completed, both forms must be sent to the relevant court together with the appropriate court fee to be issued. It is only suitable for claims within England & Wales and should not be used for claims using the accelerated possession procedure.

Initial letter to tenants regarding rent arrears (Guidance Notes)
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This document creates an initial letter from a private landlord to a tenant who is in rent arrears. It should be used for residential properties rented under an assured or an assured shorthold tenancy agreement. Please note that this document can only be used in England & Wales.
Letter to bailiffs enclosing completed forms (Guidance Notes)
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Use this document to create a covering letter for a completed bailiff's questionnaire after you have obtained an order for a warrant of possession using Form N235. The questionnaire will confirm the bailiff's appointment to attend the property to evict the tenant. Please note that this document can only be used in England and Wales.
Notice under section 8 of the Housing Act 1988 (Guidance Notes)
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This document creates a notice seeking possession under section 8 of the Housing Act 1988 to be served on a tenant with an assured or assured shorthold tenancy agreement solely on the grounds that there are current rent arrears. It also creates a schedule of rent arrears which accompanies the notice. Please note that this document can only be used in England & Wales.

Due to COVID-19 (coronavirus), temporarily, tenants must be given extra time before you can start a claim for possession based on rent arrears. In England, 6 months' notice is required if they owe less than 6 months' rent when you give them the notice. Otherwise, only 4 weeks' notice is needed. In Wales, 6 months' notice is required no matter how much rent is owed.
Schedule of costs for applications to court to recover costs (Guidance Notes)
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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. Please note that this document can only be used in England & Wales.
Schedule of rent arrears for form N119 (Guidance Notes)
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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. Please note that this document can only be used in England & Wales.
Updated rent arrears schedule and witness statement for possession hearing (Guidance Notes)
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This document creates a witness statement and a schedule of rent arrears for possession proceedings in England & Wales on the grounds of rent arrears.

You can use this document in two situations:

1. To send with a reactivation notice: where you made a claim any time before 3 August 2020 that was stayed (paused) by the court without a final possession order being made.

2. When preparing for a court hearing for a possession order: regardless of when you started your claim.