Gas Access Kit

Bonus section - Notes on possession proceedings

Drafting up the claim forms - 1

The Court Forms - 1

There are two forms you need to issue - the summons form and your particulars of claim.  We look first at the summons form - click the form finder and search for form N5.

Note by the way that you cannot use the online court issue procedure for this type of claim.

1. The Summons form - N5 - page 1

See the top image. The current form looks slightly different but is essentially the same.  Fill this form in as follows:

1. Court name

Put here the name of the relevant court for your property - I discussed this in part 4/2.  For example

Norwich County Court

2 Claimant.

Type your name, or the names of all the landlords if there are more than one. Names should be preceded by Mr, Mrs, Miss, or Ms as appropriate, and give first names. You will need to put your address below this (if there is more than one address, you should choose just one to use for the court proceedings).

Note that if the claimant is a limited company then the registered office address needs to go here rather than the trading address, like this (R/O stands for registered office):

Top Widgets Ltd

R/O 54 The Street

Anytown, Anycounty

It is important that the names on the court paperwork matches up with the names on the tenancy agreement - or if they are different, that this is explained to the court.  If your name is incorrectly described in the tenancy agreement, then put your real name here.  You will need to explain why the names are different when we complete the particulars of claim form.

3. Defendant.

You then need to put the name(s) of all the defendant(s) and their address, which will be the

property address. Make sure you give the full address and the post code.

The tenants named should be those in the most recent tenancy agreement. If there is anyone else living at the property, e.g. a lodger, they should not be named here. Their right to stay in the property will end when the tenants are evicted (the bailiff has power to evict anyone he finds on the premises whether they are named on the possession order or not).

Note: if one or more of the tenants have changed their name since they moved in (for example if a couple originally took the property before they got married and the wife now uses her married name) you should type the current name followed by the words ‘formerly known as’ and then put the original name, i.e. the one in the tenancy agreement.

4. The property address.

Type in here the full address of the property concerned. Make sure it is correct (you do not want the bailiff going to the wrong address!).

Ignore the spaces under here regarding the court hearing - the court will complete these when the claim is issued.

5. Defendant's name and address box.

This is used by the court when sending the papers out to the defendant or defendants.  So if there is more than one you need to print one copy and then alter the name and print it out again.  Or you could just put all the names here as you did in the box for point 3 above..

6. Costs information

  • Court fee - this is currently (May 2014) £280.00.
  • Legal Representatives costs - leave this blank (unless you are a solicitor acting on behalf of a client, in which case you put the relevant allowable costs )
  • Total - put £280 here (or the higher figure if you are a solicitor/legal representative).

Ignore the issue date box - the court will fill this in when the claim is issued.

Note:- If you are on income support or a low income, you may be eligible for fee exemption. Find out whether you qualify by reading the court leaflet ex160a.pdf - use the court form finder link to find this. If you are eligible you will need to complete the application form ex160.pdf which is also on the court website, linked from the leaflet. You will find full details of the procedure in the leaflet. If you have any problems with the form or with your application for fee exemption, you should speak to the court staff about this, this is not something that we can advise you on.

1. The Summons form - N5 - page 2

This is fairly straightforward.

1. Here you tick the 'other breach of tenancy' box.  Ignore the boxes about anti social behaviour to the right of this.

2. Check the 'no' boxes in the area below.  They do not apply to you.

3. In the statement of truth part of this form put the full name of the person who will be signing the form where it says 'full name'.  This will normally be the claimant in person, or one of them if there are joint claimants (only one need sign).

Ignore the rest of the form, unless you are signing in a representative capacity such as company director where the claimant is a limited company.  In which case you put 'Company director' (or your position in the company if you are not a company director).

Note: that where someone is signing on behalf of a company it must be someone quite senior.  Normally this will be a company director or company secretary.

4. Your correspondence address.  If you have a different correspondence address from the address given on the first page, put it here.  For example if you have put your company registered office address on page one, put the trading address (if different) here.

Note - if you live abroad you will need to have a correspondence address in England or Wales, or use a solicitor - the court will not correspond with a claimant who is 'out of the jurisdiction'.

5.  You only need to fill in the boxes here if they are relevant.  If they are not leave them blank or put N/A.

  • Reference - you may have a reference if you have a lot of properties but generally you won't
  • Faxes are being used less and less nowadays but if you have one, put the number here
  • The DX is a private postal / delivery system subscribed to by most solicitors and large organisations
  • If you are happy for the court to contact you by email, put your email here
  • Put your telephone number here - preferably one with an answer machine just in case the court ring you about something urgent when you are out

Thats all for now for this form. Now see the next page for the statement of claim.