Residential Possession Proceedings – Standard Procedure
The guidance notes and template documents below are designed to help residential landlords and their professional advisers to recover possession of premises that have been let on an assured shorthold tenancy (AST).
This subfolder contains Guidance Notes explaining the “Standard” (fault-based) Procedure for Possession under Section 8 of the Housing Act 1988. The procedure requires the landlord to take various steps starting with service of a Section 8 Notice stating the landlord’s grounds for possession. The landlord may then need to bring a court claim if the tenant does not vacate willingly and may subsequently need to take enforcement action if the tenant remains in occupation after the court has made an order for possession.
If the contractual term of the tenancy has come to an end the landlord may be able to serve a Section 21 Notice and use the accelerated procedure for possession. Please refer to our Accelerated Possession Proceedings documents for further information.
Due to the Coronavirus (Covid-19) pandemic, it may take longer than usual to evict tenants.
The courts have introduced temporary arrangements to assist with possession proceedings during these unprecedented times. See our Guidance Notes: Possession Procedure for Rent Arrears (Section 8 of the Housing Act 1988).
The documents needed at each stage of the process are included in this subfolder. The Notices, Court Forms and covering Letters are professionally drafted and are accompanied by explanatory notes.
- Guidance Notes: Possession Procedure for Rent Arrears (Section 8 of the Housing Act 1988)
- Guidance on Section 8 and Section 21 Notices
- Section 8 Landlord’s Notice Seeking Possession (England)
- Section 8 Landlord’s Notice Seeking Possession (Wales)
- Letter Enclosing Landlord’s Section 8 Notice
- Form N215 - Certificate of Service of Section 8 Notice
- Form N5 - Claim Form for Possession of Property (Standard Procedure)
- Form N119 - Particulars of Claim for Possession
- Form N119A - Notes for Guidance on Completing Particulars of Claim Form
- Schedule of Rent Arrears for Possession Claim
- Letter to County Court Enclosing Form N5 and Form N119
- Form N11R - Defence Form
- Notice to Tenant Regarding Fixing a Date for Possession
- Form N244 - Landlord’s Application Notice to Fix a Date for Possession
- Letter to Tenant Requiring Possession under Outright Possession Order
- Letter to Tenant Requiring Compliance with Suspended Possession Order
- Letter to Tenant Requiring Compliance with Postponed Possession Order
- Form N325 - Request for Warrant of Possession of Land
- Letter to County Court Enclosing Form N325 Warrant Request
- Form N325A - Request for Warrant of Possession of Land (SPO)
- Statement of Payments Due and Made under SPO
- Letter to Court Enclosing Form N325A Warrant Request (SPO)
- Letter to Tenant Regarding Money Judgment for Rent Arrears
- Form N316 - Court Application Form for Questioning Tenant Debtor
- Form N323 - Court Form Requesting Warrant of Control
- Form N337 - Court Form Requesting Attachment of Earnings Order
- Form N349 - Court Application Form for Third Party Debt Order
These Residential Possession Proceedings – Standard Procedure documents are part of the Property Documents Folder. Just £35.00 + VAT will provide you with 1 year's unlimited access to download all/any documents from the Property Folder.