serving claim forms n5 and n119

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

                Latest Activity

                Collapse

                • Reply to Flat rental bathroom query
                  by Landyman
                  Are you saying that the toilet and basin are out in the open, adjacent to the kitchen? Or are they in a separate room?

                  Does the room have a window? Or a fan ventilator?

                  It's had to visualise exactly what you mean. Could you sketch a simple floorplan and upload that here p...
                  16-01-2022, 23:47 PM
                • Flat rental bathroom query
                  by NewGuyOne
                  Hello,

                  A rented flat with a toilet (of course) and basin next to the kitchen, and a bedroom with a quite small en suite - shower/basin/rail for towel ... Is this acceptable in a flat - with no additional separate bathroom?

                  Flat consists of 1 bedroom en suite, hallway, lounge,...
                  16-01-2022, 20:13 PM
                • Reply to Problems with tenant getting work done and not paying me rent
                  by axil23
                  Thank you Lawcruncher.

                  Just so I am not reading the lease wrong. Executed as a deed means that it has to say that and be witnessed by a 3rd party right?...
                  16-01-2022, 23:23 PM
                • Problems with tenant getting work done and not paying me rent
                  by axil23
                  I have rented my house to a {name removed} who use it to house Asylum seekers from a govt contract. In June the flat roof developed a leak and they asked me to fix it which I did the next day. 6 months later I get a bill for £1900 for scaffolding, asbestos survey, party wall agreement & for some...
                  13-01-2022, 12:05 PM
                • surrender of lease charges
                  by jshire
                  Hi,
                  I'm trying to assist a family member who is in the process of surrendering a lease on a shared flat (all tenants moving out). The landlord agreed as the reasons were reasonable. He's sent an email stating that there will be costs that the tenants have to meet, charged by the letting agent...
                  16-01-2022, 20:49 PM
                • Reply to Gas certificate fail
                  by MdeB
                  But if you had a valid certificate when the tenancy started but failed to give it to the tenant, then I believe that providing them with a current certificate before serving S21 will be OK....
                  16-01-2022, 20:30 PM
                • Gas certificate fail
                  by ReginaPhalangi
                  We've been renting out our property since 2017 and now have given notice to our tenants to leave. However we have just realised that we have failed to get a gas certificate during their tenancy. Is it possible to get the gas certificate now? Would we need to give notice again after we issue the gas...
                  15-01-2022, 20:05 PM
                • Reply to No Tenancy agreement
                  by MdeB
                  There are a number (of the order of 20) of grounds under which possession can be sought. See the Housing Act 1988.



                  The claim is for the period for which they were paying rent whilst there was no required licence in place, up to a maximum of 12 months. Getting a licence ends...
                  16-01-2022, 19:32 PM
                • Reply to No Tenancy agreement
                  by MdeB
                  That depends on when the tenancy started.


                  Or, possibly, the one in place when it is given to the tenant. The regulations are ambiguous...
                  16-01-2022, 19:18 PM
                • Reply to Wales: New Legislation – your roles and responsibilities
                  by steaming
                  4. Antisocial behaviour…..a fair and consistent approach to everyone. No. 4 is then not mentioned in the extended information (click link). Surely this needs explaining in detail or, maybe, they haven’t actually thought further that the nine words used. No surprise.
                  16-01-2022, 19:17 PM
                Working...
                X