Forms under tenancy

Section 8 - Notice Seeking Possession

What to do if this notice is served on you

This notice is the first step requiring you give up possession of your home. You should read it carefully.

Your landlord cannot make you leave you home without an order for possession issued by a court. By issuing this
notice your landlord is informing you of an intent to seek such an order. If you are willing to give up possession
without a court order, you should inform the person who signed this notice as soon as possible and say when you
are prepared to leave.

Whichever grounds are set out in this notice the court may allow any of the other grounds to be added at a later
date. If this is done you will be told about it so you can discuss the additional grounds at the court hearing as well as
the grounds set out in this notice.

If you need advice about this notice, and what you should do about it, take it immediately to a Citizens’ Advice
Bureau, a housing advice centre, a law centre or a solicitor.

Section 21 - Notice Requiring Possession

If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can be lawfully evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

A tenant or licensee who does not know if they have any legal right to remain in possession after a notice to quit or notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. Information may also be obtained from a Citizens’ Advice Bureau, a House Aid Centre or a rent officer.

N5 - Claim Form For Possession

At the hearing

  • The court will consider whether or not you must leave the property and, if so, when.
  • It will take into account information the claimant provides and any you provide.

What you should do

  • Get help and advice immediately from a solicitor or an advice agency.
  • Help yourself and the court by filling in the defence form and coming to the hearing to make sure the court knows all the facts.

You may be able to issue your claim online and it may save you time and money. Go to www.possessionclaim.gov.uk to find out more.

N5B - Claim Form Accelerated

IMPORTANT – TO THE DEFENDANT(S)
This claim means that the court will decide whether or not you have to leave the premises and, if so, when. There will not normally be a court hearing. You must act immediately.

  • Get help and advice from an advice agency or a solicitor.
  • Read all the pages of this form and the papers delivered with it.
  • Fill in the defence form (N11B) and return it within 14 days of receiving this form.

Please write clearly using black ink. All documentation must be included with the claim form. The full names and addresses, including postcode must be completed on the claim form together with the full address of the premises for which possession is sought.

If you are a registered social landlord or a private registered provider of social housing claiming possession of premises let under a demoted assured shorthold tenancy, you should complete only sections 1 and 5 to 9.

6A - Notice seeking possession of a property

This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.
There are certain circumstances in which the law says that you cannot seek possession against your tenant using section 21 of the Housing Act 1988, in which case you should not use this form. These are:

  • (a) during the first four months of the tenancy (but where the tenancy is a
    replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy – see section 21(4B) of the Housing Act 1988);
  • (b) where the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015;
  • (c) where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Department for Communities and Local Government’s publication “How to rent: the checklist for renting in England” (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);
  • (d) where the landlord has not complied with the tenancy deposit protection legislation; or
  • (e) where a property requires a licence but is unlicensed.

Landlords who are unsure about whether they are affected by these provisions
should seek specialist advice. 

This form must be used for all ASTs created on or after 1 October 2015 except for
statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term ASTs created before 1 October 2015. There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs.

What to do if this notice is served on you
You should read this notice very carefully. It explains that your landlord has started the process to regain possession of the property referred to in section 2 below. You are entitled to at least two months’ notice before being required to give up possession of the property. However, if your tenancy started on a periodic basis without any initial fixed term a longer notice period may be required depending on how often you are required to pay rent (for example, if you pay rent quarterly, you must be given at least three months’ notice, or, if you have a periodic tenancy which is half yearly or annual, you must be given at least six months’ notice (which is the maximum)).

The date you are required to leave should be shown in section 2 below. After this date the landlord can apply to court for a possession order against you.

Where your tenancy is terminated before the end of a period of your tenancy (e.g. where you pay rent in advance on the first of each month and you are required to give up possession in the middle of the month), you may be entitled to repayment of rent from the landlord under section 21C of the Housing Act 1988.

If you need advice about this notice, and what you should do about it, take it immediately to a citizens’ advice bureau, a housing advice centre, a law centre or a solicitor.

N11 - Standard Defence Form

Ontario Agreement to Terminate Tenancy (Form N11)

This Ontario Agreement to Terminate Tenancy is used when a landlord determines that they want to terminate a lease or rental agreement with a tenant for one of several reasons.

N11B - Defence Form Accelerated

Please read the claim form and all papers delivered with it before completing this form.
Some of the questions in this form refer to numbered sections in the claim form. You will find it helpful to have that open as you answer them.

Please note that if section 1 of the claim form has been completed because you are a tenant of premises let under a demoted assured shorthold tenancy, you need only answer questions 1 and 6 to 11.
If you cannot give exact dates, make it clear that the dates given are approximate. In all cases you must complete and sign the statement of truth.

Please write clearly and in black ink. If there is not enough room for an answer, continue on the last page.

N119 - Particulars of Claim For Possession

After completing the N119 form you will be notified of a hearing. The landlord or his solicitor must attend the hearing in person. The landlord should bring some proof he owns the property, eg, title deeds, mortgage statement, letter from a solicitor etc. Prove your case by stating the rent position. Bring with you any letters that have been sent – the Judge may ask to see them. You do not have to send them to the Court beforehand. Be careful the tenant has no valid Counterclaim. If you have been slow doing repairs, you are advised not to pursue this path.

If successful, you will be granted a Possession Order. That gives the tenant 14 or 28 days usually to vacate. If they do not, the day after that time has passed, you need to complete County Court form N325 Warrant For Possession Of Land and pay £121. That instructs the Bailiffs.

N325 – Request For Warrant For Possession of Land

After you have obtained a possession order, the court will have given the tenant a date to leave by. If the tenant fails to leave on or before this date, a landlord must apply for the bailiff to attend and remove the tenants.

Form 7 - Application to the Tribunal for a determination of a rent

Housing Act 1988 section 22(1) as amended by section 100 of the Housing Act 1996 and the Transfer of Tribunal Functions Order 2013

  • Please write clearly in black ink.
  • Please tick boxes where appropriate and cross out text marked with an asterisk (*) that does not apply.
  • This form should be used by a tenant with an assured shorthold tenancy which began (or for which a contract had been made) before 28th February 1997, to apply to the Tribunal, during the fixed term of the original tenancy, to have the rent reduced.
  • This form should also be used by a tenant with an assured shorthold tenancy which began on or after 28th February 1997 (unless a contract had been made before that date), to apply to the Tribunal within six months of the beginning of the original tenancy, to have the rent reduced.
  • This form cannot be used in the cases specified at the end of this form.
  • When you have completed the form please send it to the Tribunal.

Cases where this form should not be used

An application cannot be made if –

  • (a) the rent payable under the tenancy is a rent previously determined by a Tribunal or (before 1 July 2013) a Rent Assessment Committee); or
  • (b) the tenancy is a replacement tenancy and more than six months have elapsed since the beginning of the original tenancy. A replacement tenancy is an assured shorthold tenancy that came into being on the ending of a tenancy which had been an assured shorthold of the same, or substantially the same, property and the landlord and tenant under each tenancy were the same at that time.
  • The Tribunal cannot make a determination unless it considers – (a) that there is a sufficient number of similar properties in the locality let on assured tenancies (whether shorthold or not) for comparison; and (b) that the rent payable under the shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to get in comparison with other rents for similar properties let on assured tenancies (whether shorthold or not) in the locality.

Form 8 - Tenant's notice proposing that an Assured Tenancy be replaced by an Assured Shorthold Tenancy

Housing Act 1988 Schedule 2A, paragraph 7(2) as inserted by Schedule 7 to the Housing Act 1996

  • Please write clearly in black ink.
  • Please cross out text marked with an asterisk (*) that does not apply.
  • This notice should only be used by an assured tenant. You should only use this notice to notify your landlord that you wish your assured tenancy to be replaced by an assured shorthold tenancy.
  • This notice must be served by a tenant on a landlord before an assured tenancy can be replaced by an assured shorthold tenancy.
  • You should be aware that by serving this notice, you will be giving up your right to stay in the property after the first six months of the assured shorthold tenancy or, if you agree a fixed term with your landlord, after the end of the fixed term.
  • You do not have to complete this form even if your landlord has asked you to do so. Your existing security of tenure as an assured tenant will be unaffected if you do not complete it.
  • If you are in any doubt about whether to complete this form, take it immediately to a citizens’ advice bureau, housing advice centre, a law centre or a solicitor.
  • Once you are clear that you wish to issue this notice, complete the form and send it to your landlord.
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