serving claim forms n5 and n119

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    serving claim forms n5 and n119

    On the particulars of claim form on question 9 it asks for this info -

    Forfeiture

    9.(a) There is no underlessee or mortgagee entitled to claim relief against forfeiture. or
    (b) ____________ of ______________ is entitled to claim relief against forfeiture as underlessee or mortgagee.

    Having read the guidance it says this -

    2.4 If the claimant knows of any person (including a mortgagee) entitled to claim relief against forfeiture as underlessee under section 146(4) of the Law of Property Act 1925 (or in accordance with section 38 of the Senior Courts Act 1981, or section 138(9C) of the County Courts Act 1984):
    (1) the particulars of claim must state the name and address of that person; and
    (2) the claimant must file a copy of the particulars of claim for service on him.

    My question is as its not clear in the guidance, do i fill this part in i.e. put the name of the mortgagee i.e. my lender here, OR is it for when lenders put claims in and they fill in this part? I cant quite understand what to do here, the property is on a mortage
    This is for a s8 claim

    #2
    Civil Procedure Rules Part 55 - Possession claims relating to mortgaged (Rule 55.10)

    Can anyone help, perhaps someone who completed a possession claim using S8.

    I am stuck with mortgage part on the form i.e. Q 9. The property is on a mortgage and the rules in Part 55.10 say that

    (1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.
    (2) Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to –
    (a) the property, addressed to ‘the tenant or the occupier’;
    (b) the housing department of the local authority within which the property is located; and
    (c) any registered proprietor (other than the claimant) of a registered charge over the property

    Does this only apply to lenders ? i.e. where is says claimant this actually means the lender? Or does it mean that I (landlord) have to send these notices?

    Comment


      #3
      Originally posted by johns1955 View Post
      Does this only apply to lenders ? i.e. where is says claimant this actually means the lender?
      Yes and yes.

      Comment


        #4
        Thanks you, so even if i have a mortgage i just leave this it as its for banks to fill in when they want to repossess?

        Comment


          #5
          Does one claim pack i.e. n5 and n119 have to go to each tenant?

          Comment


            #6
            serving claim forms n5 and n119

            who serves these forms on the tenant (defendent) ? is it the landlord or the courts? and on each n119 particulars it asks for defendant in the singular, so am i correct in assuming that for each tenant you put their names in the defendent box? and therefore if there are 3 tenants on the TA I need to send a set for the court, a set for landlord and a set each for each tenant? hence 5 sets all together to the court?

            Comment


              #7
              Court will serve them unless you request otherwise.

              I may be wrong, but I think ALL defendants should be in the box. You need send sufficient for the court to retain one, for them to return a stamped one to you and for EACH defendant to have a copy. So, 5 in your case.

              Comment


                #8
                Three related threads have been merged.
                I also post as Mars_Mug when not moderating

                Comment

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