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Landlord-Law Kits - Kit 5 - Possession proceedings based on rent arrears.
The Landlord-Law online kits are designed to help individuals to bring simple claims themselves to the county court, without the need for instructing a solicitor.
This kit can only be used for assured and assured shorthold tenancies. It can be be used in the following situations:
- Where the tenant is in arrears of rent of over two months
- Where the tenant has failed to vacate after being served a correctly drafted notice under section 21
- (or both!)
Normally section 21 claims are dealt with under the special accelerated procedure (covered by our kit 3) but there may be circumstances where this cannot be used, for example if there is no written tenancy agreement.
Claims for possession based using the procedure described in this kit require a court hearing. Many people find the idea of representing themselves at court very intimidating. It is also easy for the inexperienced to make mistakes or agree to things which are not in their best interest. However Tessa Shepperson has over 20 years experience in possession claims and this kit covers most of the problems that may arise (no kit can claim to cover everything!)
Kit contents
Instructions. This is the most important part of the kit. The instructions:
- Explain the circumstances when you can use the procedure set out in the kit
- Provide detailed instructions on completion and service of the proper notices for possession
- Discuss what things the landlord need to consider before issuing proceedings
- Give detailed instructions on completing the court forms
- Give detailed guidance on preparing for and attending at court hearings for possession
- Explain how to enforce the possession order through the court bailiffs
- Explain how the money judgement can be enforced through the courts
The instructions are written on the basis that the reader knows nothing about court proceedings, and are very detailed. Note that kit 5 is slightly more expensive than the other kits, as the instructions are so much longer. This is largely because of the detailed information given about preparing for and attending the court hearing.
Possession notices. These need to be served before proceedings for possession can commence. There are also special guidance notes and covering letters
Information on the TDPS
. Claims for possession under s21 will normally fail if your deposit is not protected under one of the government authorised tenancy deposit protection schemes.Court claim forms. These are partially pre-drafted for you and are self calculating. We also include blank court forms just in case the kit forms are not suitable for you.
Other forms. There is also a certificate of service form and the form you need to instruct the bailiffs to physically evict the tenants.
Articles. There are also some relevant articles from the Landlord-Law site, to help you.
All kits include telephone support and access to an online discussion forum.
The kit can be purchased from the 
Online
Kits section of the online shop.
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