Possession Claims: What Documents Do Landlords Need?

Initiating a possession claim as a private landlord can be overwhelming, especially when it comes to understanding the required documents and files.  

This article aims to simplify the possession claim process by providing a comprehensive list of the necessary documents. By the end, you'll know precisely what you need to ensure a smooth claims process. 

What is a possession claim? 

A possession claim is a legal procedure a landlord initiates to regain possession of their property. This often occurs when a tenant fails to pay rent or breaches the tenancy agreement. Knowing which "possession claim documents" are essential can make the process less daunting. 

Section 8 Notice 

A Section 8 Notice notifies the tenant of the landlord's intention to seek possession based on specific grounds, such as rent arrears or property damage. Ensure this notice is correctly filled out and served to the tenant. 

Section 21 Notice 

Next, the Section 21 Notice, also known as a "no-fault" eviction notice, is essential for regaining possession without specifying tenant faults. It must be served in the correct format and within the required notice period to be valid. 

Tenancy Agreement 

A signed tenancy agreement is one of the most important landlord possession files. This document outlines the terms and conditions agreed upon by both landlord and tenant. It serves as evidence of the contractual relationship and any breaches that may justify possession. 

Rent Statement 

A detailed rent statement is necessary when dealing with rent arrears. This document records all rent payments made by the tenant, highlighting any missed or late payments. Accurate records will support a claim for possession due to non-payment. 

Proof of Service 

Proof of service documents verify that all notices, such as the Section 8 and Section 21 Notices, were correctly served to the tenant. This could include certificates of posting or witnessed delivery receipts, ensuring the tenant cannot dispute receiving the notices. 

Court Application Form N5 

The N5 form is the initial court application to start the possession claim. This document officially notifies the court of your intent to seek possession. Ensure all sections are completed accurately to avoid delays. 

Claim Form N119 

Form N119 provides detailed information supporting your possession claim. This includes reasons for seeking possession, rent arrears details, and any tenant breaches.  

Witness Statements 

Witness statements can provide additional evidence supporting your claim. These could include statements from property managers, neighbours, or maintenance personnel detailing the tenant's behaviour or property condition. 

Schedule of Payments 

A schedule of payments document outlines any payment plan agreements made between you and the tenant. It shows efforts to resolve issues before proceeding with a possession claim, reflecting your reasonableness as a landlord. 

Energy Performance Certificate (EPC) 

An Energy Performance Certificate is required to legally rent out property in the UK. Make sure you have a valid EPC, as failure to provide one can invalidate a Section 21 Notice. 

Deposit Protection Certificate 

Proof that the tenant's deposit is protected under an authorised scheme is essential. Without this certificate, a Section 21 Notice may be invalid, complicating the possession claim process. 

With thorough documentation and adherence to legal requirements, you'll be well equipped to approach your possession claim. 

For further assistance or personalised support, consider consulting with a legal professional who specialises in landlord-tenant issues. Our specialist property and estates law barristers, for example, can help with drafting documents, representation in court, and advising on your next steps. 

You can find out more about Barrister Connect’s property law barristers here.