Submitting claim (N1 form) with multiple defendants

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    Submitting claim (N1 form) with multiple defendants

    Hi,
    I am relatively a new landlord and complete novice in the court system and legal dispute. Can anyone please suggest me on my current situation?
    I am a landlord for HMO property, 4 tenants are staying the house and they have one guarantor in the rental agreement. They are not paying the full rent for the last 5 months and I want to make a claim on them in Small Claims court. I have sent a letter before claim to all of them in compliance with the ‘Practice Direction on Pre-Action Conduct’ and gave them 30 days notice. The 30 days time expired today and I have neither received rent arrears nor received response to my letter from all the tenants and guarantor. So I am filling the N1 claim form paper copy and have the following questions.
    The three tenants are staying at one address (say T1, T2 and T3 at Adr 1) the fourth tenant and the guarantor stays at a different address (say T4 and G1 at Adr 2). All 5 are in England & Wales.

    N1 claim form, page 1, top: “Defendant(s) name and address(es) including postcode”
    Q1) In this box should I include all the tenants, guarantor and two different addresses?
    (like T1,T2,T3 at Adr1 and T4, G1 at Adr 2)

    N1 claim form, page 1, bottom: “Defendant’s name and address for service including postcode”
    Q2) In this box should I fill with names of the tenants, guarantor and two different addresses (like T1,T2,T3 at Adr1 and T4, G1 at Adr 2)?
    Or should I need to fill only with one tenant details and the address (like T1 at Adr1) and prepare total 5 N1 claim forms to cover all tenants & gurantor?
    (like N1 claim form 1: with T1 at Adr 1
    N1 claim form 2: with T2 at Adr 1
    N1 claim form 3: with T3 at Adr 1
    N1 claim form 4: with T4 at Adr 2
    N1 claim form 5: with G1 at Adr 2)
    The help document for filling N1 claim form says “Enter in this box the title, full names, address and postcode of the defendant receiving the claim form (one claim form for each defendant).”

    Q3) Are there any filled N1 claim form examples for rent arrears (especially to write for ‘particulars of Claim’, ‘Brief details of claim’)? I searched in online but could not find any.

    Thank you

    #2
    Do these T's have 1 Joint Tenancy or did you issue 4 separate tenancy agreement to each T? Why does T4 live at another address to T's 1 to 3? If T4 is living in another property that belongs to you then you need a separate N1 form for this as it is not related to T's 1 to 3.

    It may be worth speaking with a specialist company in regards to this as already seems a little messy the structure of this, and since you have a guarantor your more likely to get your money back if they have assets that they will potentially lose.

    Comment


      #3
      Hi Ash72,
      Thank you for response. All the tenants T1 to 4 have signed a Assured shorthold tenancy with fixed term for 12 months jointly (they are jointly and severally liable for paying the rent). The 'Adr 1' is the property address that is in the tenancy agreement. T4 has left the property (without informing me) and stays with his guarantor at Adr 2. When I sent the letter before claim, I have sent the letter to T1 to 3 at Adr 1 and T4 &G 1 at Adr 2. Please let me know if you would like to know anymore details.

      Comment


        #4
        You should serve notice to the address you know of, meaning T's 1-4 should be at Address 1, and the G at Address 2. In filling the form you put both addresses down. Keep the T and G separate, so there is no confusion.

        Is there a reason why you aren't going for a possession of the property rather than just the rent? Otherwise you may get into a possession where you then have to serve notice for possession under S21 or S8 and still have new rent arrears.

        Comment


          #5
          Hi Ash72,
          Thank you for your response.
          Does it mean, I just need to fill one copy of the N1 form with "Defendant’s name and address for service including postcode" as T 1 to 4 at Adr1 and G1 at Adr 2?
          All my tenants have confirmed that they will vacate the house at the end of fixed term contract, so I have not served S21 or S8.
          Thank you

          Comment

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