Using form N325- warrant for possession of land

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  • Using form N325- warrant for possession of land

    Hello i have a problem and could do with some help/advice on how to deal with my situation, ok here goes.


    i own a house and for the last two years i have rented it out to a tenant.originally the tenant was claiming benefits so the rent was paid by housing benefit.in august last year the rent ceased to be paid into my bank.i contacted the tenant who advised me that he was no longer claiming benefits and was now self employed inthe building trade.he advised me that he had a building contract for work but would not be paid for this contract for around 8 weeks.he advised me that he would be unable to pay any rent until then but assured me he would pay up to date when he was paid out for his contract.i agreed to wait and wrote to him asking him to pay the 3 months rent he would then owe by the 26th oct 07.i heard nothing further from him and when then end of october approached i contacted him to find out when and how he would pay me.he advised me that he hadnt been paid yet but assured me he would pay me by the 26th nov 07. needless to say he still has not paid any rent.twice i have written to him stating how much he owes me and given notice for him to vacate the property unless he brought the rent arrears up to date.i have a N325 form from the court to apply for a warrant of possession of land.

    is this the correct form i should be using? or is this even the correct route to take?

    also what time frame am i looking at to complete eviction?

    cheers in advance..

  • #2
    For goodness sake man - there are loads of posts advising people how to issue the requisite notice, in your case A S8 using ground 8 10 and 11 and then issueing the court summons request. If indeed you are so lazy that you cannnot be bothered to research what you are doing, then you deserve all you get.

    I don't mind helping people along the way, but you have not got a clue and unless you either obtain a good book on your legal rights and your responsibilities as a landlord, you would be better off employing someone who is a professional and pay them.

    Do not come on this forum and expect someone like me to take you right through the procedure in place of your laziness to do a little searching.

    However, to help you a bit:-

    1. Serve notice S8, grounds 8 10 and 11 - use the right notice.
    2. Serve S21 notice ending the tenancy if not already done - watch it, there are two forms, one for use during the fixed period and one for outside the fp.
    3. When the S8 notice expires - fill in Forms N5 and N119 available in the forms section at www.courtservice.gov.uk and send it in (1 copy per defendant plus one for court and keep one for yourself) with £150 court fee and the court will issue the summons and arrange a hearing.
    4. At hearing, you must go to prove the arrears - if there are 8 weeks/2 months arrears at the service of S8 notice and still the same or in excess at the hearing date, the judge will give you a possession order manatory.
    5. If the tenant is still there after the date for leaving on the court order has passed - you need to complete the Warrant of Possession and send it to the court with £95 fee and then wait for a bailiffs appointment.

    DONT EVICT THE TENANT WITHOUT A COURT ORDER IT WILL COST YOU A LOT AND MAYBE YOUR FREEDOM AS WELL.

    Comment


    • #3
      I sympathise with you David - but people do go into letting as complete novices and then are shocked and lost when things go wrong. We weren't totally niave when we started but we still made mistakes due to lack of knowledge and have been very grateful for all the help we've had here.

      Also it wasn't that long ago when I joined my first forum and as a complete newbie I didn't know my way around a forum at all. Very kind experienced memebers helped me find my forum feet and I am eternally grateful to them as forums are a great way to educate yourself on so many subjects.

      Anyway, thanks for laying out the main points for our very own newbie.

      Comment


      • #4
        After your notice period expires, you could try PCOL ( Possession Claim On-Line) . It's similer to MCOL ( Money Claim On-Line) where you claim through the Small Courts. The site is run my HMCS and everything is done on-line.
        The cost of the service is £100 ( £50 less then applying to through the local courts). I have used MCOL and found it very useful as you are informed on-line about every stage you're at of the process ( judgement,warrant etc) and there are very useful links to help you along the way.You can even phone for help should you need to.I presume PCOL is similer to MCOL and would definitely try them next time I want to issue a Possession Order.

        Comment


        • #5
          Manoj, that might be a sensible approach for someone who has some basic confidence regarding landlord and tenant issues, but the original poster might do better getting some professional legal advice to make sure he doesn't fall down the many holes that can trip up a novice.

          Comment


          • #6
            N325 form

            Tenant has not left the property( Flat) on the date of possession so am in the process of filling in form N325 to request a warrant of possession. Can one of the members please tell me what I need to enter in the 'Describe the land(as set out in the particulars of claim)" box. I am presuming I need to enter the Flat address but am not sure.

            Comment


            • #7
              Form N325 to request bailiffs- what figures to claim in it?

              Hi,

              I've searched the forum about filling in the n325 form after being granted order of possession. However, I still require some clarifications and help in completing prior to submitting the papers to the courts. This is the first time attempting to filling in this form.

              The current situation is that the courts have issue to the tenants a notice for order of possession (using the accelerated procedure). The date has expired and the tenants have not vacated the property. I guess the next step is to request in the bailiffs using the n325 form. The tenants HAVE paid back the £150 as ordered.

              So, on the n325 form, section 4, is:

              1. (A) = £0.00 (as tenants have paid the £150 as ordered)
              2. (B) = £0.00
              3. Issue fee = £95.00 (cost of issuing bailiffs)
              4. Solicitors cost = blank (im filling the form myself)
              5. Land registry fee = blank (i.e, not applicable)
              6. Total = £95.00
              7. The sum due after warrant ?? is this £0.00 or £95

              Many Thanks in advance

              Comment


              • #8
                The £150 paid by the tenant would be for the cost of the original court hearing so now as you are appling for the services of the bailif you have to pay the £95 fee.

                Comment


                • #9
                  Thanks, I understood that I will be paying £95 for the bailiffs. However, from the original court hearing where the cost was £150 and to which the tenants HAVE paid in full.

                  There problem I am facing is stating the correct figures in the fields in section 4 for of the baliff form (n325). With my situation are the following entries correct for the fields in section 4.

                  1. (A) = £0.00 (as tenants have paid the £150 as ordered)
                  2. (B) = £0.00
                  3. Issue fee = £95.00 (cost of issuing bailiffs)
                  4. Solicitors cost = blank (im filling the form myself)
                  5. Land registry fee = blank (i.e, not applicable)
                  6. Total = £95.00
                  7. The sum due after warrant ?? is this £0.00 or £95

                  Comment


                  • #10
                    £95 as T is liable to pay for the costs of the bailiffs.
                    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                    Comment


                    • #11
                      Questions about N325 Warrant

                      Hi:

                      Thanks for helping. I had a few questions about warrant for repossession. I had filled up the N325 form & had submited to court on Monday.

                      1) How long will take normally to get the date of eviction?
                      Anything should be known(need to do) by the waiting time.

                      2) On the Form, I filled the amont the tenants own me, do bailiffs will get the money for you, or they will seize their properties( eg, car, electric goods) to make sure recover the money?

                      Thanks again for any information.

                      Best regards.

                      Comment


                      • #12
                        I have got the eviction date that is 1st Aug 2009.

                        Could anyone give me some advise about recover the money back, if it is possible.

                        How can I register CCJ to the tenant's name? If I can't get the money back How much it would cost? I just don't want these people do the same thing again.

                        Thanks very much for any information provide.

                        Best regards

                        Comment


                        • #13
                          Filling in a N325 Warrant for Possession

                          Hiya,

                          Just filling in a N325 Warrant for possession and would like some help.

                          1. (A) Balance due at the date of this request: is this total up to the warrant application date (including 14 days after possession)

                          2 . Do i need to fill in 'Describe the land (as set out in the particulars of claim)' box or can i leave it blank?

                          Also is there any way to expedite the warrant through the courts come thursday when i hand the form to the courts (14 days from Possession Order), as i have been told i may have to wait another 4-6 weeks for baillifs to evict.

                          Any help greatly appreciated.

                          Comment


                          • #14
                            Originally posted by archie View Post
                            1. (A) Balance due at the date of this request: is this total up to the warrant application date (including 14 days after possession)
                            Yes. If your possession order includes makes an allowance for it. e.g "The defendant pay the claimant £xx for rent arrears and £yy per day from date1 until possession of the property is given to the claimant"


                            Originally posted by archie View Post
                            2 . Do i need to fill in 'Describe the land (as set out in the particulars of claim)' box or can i leave it blank?
                            Yes. Full address of the property will suffice. Same as in box 3.

                            Originally posted by archie View Post
                            Also is there any way to expedite the warrant through the courts come thursday when i hand the form to the courts (14 days from Possession Order), as i have been told i may have to wait another 4-6 weeks for baillifs to evict.
                            Not that I know of, but if you do find a way, do let us know. Once upon a time 2 weeks was a long time to wait .... Bailiffs are busy right now an its the sign of the times. Talk to the court office officials... and if you have a contact number for the bailliffs, may be worth a call.

                            Comment


                            • #15
                              Help Completing N325 Form

                              I have an Possession Order from the court. The tenant is refusing to move so I now need a Warrant for Possession.

                              I am confused about completing Form N325. There are entries as follows for section 4:

                              1. (A) Balance due at the date of this request
                              2. (B) Amount for which warrant to issue
                              3. Issue fee
                              4. Solicitors costs
                              5. Land Registry fee
                              6. TOTAL
                              7. If the Amount of the warrant at (B) is less than the warrant at (A), the sum due after the warrant is paid will be

                              Searching the forum:

                              3. Should be £95.00
                              4. Should be 00.00 - I'm completing the form
                              5. N/A

                              I was after clarification for points 1, 2 & 7. My situation is the tenant is in rent arrears (£2800). The Possession Order was granted following a section 21 / N5B route - i.e. 'no fault'.
                              The Possession Order does state that the tenants should pay costs of £150.00 - still outstanding.

                              Thanks in Advance.

                              Comment

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