Eviction Proceedings in the UK: A Guide to Court Forms and Fees
When it comes to eviction proceedings in the UK, there are certain court forms and documents that landlords need to familiarise themselves with. These court forms are integral to executing the legal procedure correctly, ensuring a fair process for all parties involved.
This guide provides an in-depth understanding of the various court forms, their official titles, and the associated fees under UK law.
If you're evicting a tenant in England, there are certain court forms and documents you'll need to use. You can find out more about the Section 21 Notice and the Section 8 Notice by following these links. Read on for more information.
List of Court Forms And Associated Fees
1. Form N119
Also known as the 'Particulars of Claim for Possession', this form is used to provide detailed information about the reason possession of the property is sought. It's essential to fill out these particulars accurately and truthfully to ensure your claim's success.
2. Form N5
This 'Claim Form for Property Order' marks the formal commencement of a possession claim. Through this form, a landlord can apply for a court order against a tenant to repossess the property. The fees for this form are £325 for online applications (PCOL) and £355 for paper applications.
3. Form N5B
This form serves the same purpose as N5, the difference being that it is used for accelerated possession proceedings. This typically applies when a tenant has breached the terms of an assured shorthold tenancy. The fees are identical to form N5.
4. Form N215
A 'Certificate of Service' is a document that proves that you have served papers on a party in the case. This form boasts no court fees.
5. Form N325
The 'Warrant of Possession' is used to request bailiffs to remove tenants from the property if they have not left by the date specified in a possession order. The court fee for this form is £121.
6. Form N325a
This new version of the warrant of possession essentially mirrors form N325, carrying identical functions and fees.
7. Form N244
Form N244, otherwise known as the 'Application to the Court', is used to request changes to a court order or to request the court’s permission to take a specific action in a case. This court form comes with a fee of £255.
8. Form N11 & N11b
These defence forms allow tenants to disclose their viewpoint or circumstances. They can be used by tenants to argue against possession claims. Both forms do not carry any court fees.
9. Form N161
This form is used by tenants to 'Appeal the Eviction'. This would typically follow the grant of a possession order at a stage where the tenant feels they have grounds to challenge the court's decision. A tenant would have to pay a court fee of £140 to file this appeal form.
Each of these forms plays a unique role and provides essential information needed during the eviction process. Therefore, understanding and correctly completing these forms is a crucial aspect of ensuring a smooth, unambiguous legal process.
It is noteworthy that in addition to these forms, you will also need to provide the court a copy of your tenancy agreement as it carries legally binding conditions of the tenancy which the court may need to refer to. It's advisable to seek professional legal advice to ensure that these forms are correctly filled out and the process is carried out fairly.
The entire eviction process from serving the notice to claim for possession to the court granting the possession order and the execution of the warrant of possession can be a complicated process. Thus, it's important to stay informed and get the help required to handle the process appropriately.
A thorough understanding of the process will help in maintaining a lawful, respectful landlord-tenant relationship, preventing any unnecessary disputes or mishaps.
Remember that it's not only enforcing an eviction; it's about acting in accordance with the law to ensure the rights and obligations of both parties are met. For more detailed, personalised advice and information, do explore the Government's official website, which provides a wealth of information to help both landlords and tenants navigate this crucial legal process.
If you're evicting a tenant in England, there are certain court forms and documents you'll need to use. You can find out more about the Section 21 Notice and the Section 8 Notice by following these links. Read on for more information.
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COURT FORM
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TITLE OF COURT FORM
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COURT FEES
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N119
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Particulars of claim possession
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N5
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Claim form for possession order
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£325(PCOL)
£355(paper)
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N5B
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Claim form for possession order of accelerated possession
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£325(PCOL)
£355(paper)
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N215
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Certificate of service
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-
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N325
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Warrant of possession
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£121
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N325a
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Warrant of possession(new form)
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£121
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N244
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Application to the court
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£255
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N11
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Defence form(standard possesion claim)
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-
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N11b
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Defence form(accelerated possession claim)
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-
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N161
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Appeal the eviction
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£140
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