Form N325 - Warrant for Possession

#1
Does anyone know whether a separate N325 form (and therefore £110 fee) has to be filled out for each sharer in a case where there are joint tenants of a property?

We have two, both of whom have been served with the Notice of Possession - so two letters delivered. But can we name both on just one copy of form N325?

It is highly unlikely they will be going at the end of the week when ordered to by the court. If anyone can advise, it would be so much appreciated. Thank you.
 
#2
Hi

If the possession order is in the names of the joint tenants you only need to issue one warrant with both names on. If you have a separate possession order for each tenant then you will need a separate warrant for each tenant
 
#3
Thank you so much Rebecca, I really appreciate your answer. Yes there were two Possession Orders - one for each tenant (father and son) so we are filling out two N325's with one fee for £110 - hope that's all ok now.
 
#4
As you have 2 possession orders this is the only way forward - however for future reference if you have joint tenants your section 21 is addressed to both - you can send a copy to each, you then issue court proceedings against both on one court form, and then you only need one request for a warrant
 

Jeffrey Shaw

Member
Staff member
#5
Yes. One letting= one 'tenant' (even if that comprises 2 or 3 or 4 individuals).
stressedout: did you obtain separate Orders in error, or else what was your reasoning?
 
#6
Thanks so much again.

We believed we had to have separate Orders for Possession for each tenant and thus both were issued and delivered, with the managing agent as witness to this (he visited them to check they had been received). 'We're not going anywhere' has so far been the response.

This is all good to know for the future as you say, although I do hope this situation doesn't happen again.
 
#7
As suspected, the tenants didn't go when they were told to in the Notice to Quit just over a week ago, so the N325 forms (one for each tenant as described previously) are going to be hand delivered to the court by me on Monday (with one cheque only for £110).

I have one question however, regarding Para. 4 'Warrant Details'. As we're not wanting to claim any arrears or costs from the tenants - just the blessed property - do we leave this section completely blank, or cross it out all together, or just put zero in the Total box?

Any help is much appreciated as we cross this (hopefully) final hurdle!
 
#8
sorry for the late reply and I hope it reaches you in time - I was doing a course for landlords for property hawk on Friday!

Although you are not likely to get the costs back I would advise filling this section in - at (A) put in the amount shown on the Possession Order, (b) repeat that sum; then fill in the issue fee (this is the court fee of £110), the rest you can leave blank and then complete the total

I am not sure if the court will allow you to submit 2 forms and pay only 1 fee, but they will advise you when you go in.
 
#10
Thank you Rebecca. We delivered the two forms with one fee - there's only one case number that covers both, so we've taken a chance with fingers crossed.

I also spoke with the relevant court bailiff who said they're booked up for the rest of the year now (10 weeks away), so January is the most likely date for eviction. If anyone out there is reading this who needs some hope, I'd say just focus on the outcome - that's what's keeping us going!
 
#11
Oh and the tenant has confirmed that they will not move out until the council allocates them a place and that they need the letter from the bailiff, to take to the council, to make this happen.

It's maddening that the council wait for things to get to this stage and no wonder at all why private landlords are offering fewer places to tenants on benefits. It takes months to get them out if there's a problem.
 

Jeffrey Shaw

Member
Staff member
#12
Oh and the tenant has confirmed that they will not move out until the council allocates them a place and that they need the letter from the bailiff, to take to the council, to make this happen.

It's maddening that the council wait for things to get to this stage
That's largely a consequence of the Local Housing Authority's lack of spare accommodation. Many LHAs will rehouse people only if they're not intentionally homeless, demanding actual or imminent eviction (not merely service/receipt of a Notice under s.8 or s.21 of the 1988 Act).
 
#13
So, we're inching forward!

I delivered two N325 forms, one for each of the two tenants, with one fee for £110. Within one week (shockingly), the tenants received one Notice of Appointment for the bailiff address to ****** and all other occupants - date set early Dec. At the same time, we had the same and have to fill out the bottom half to send back to court confirming the appointment (form EX96).

However, it states 'I confirm that I, or my agent, will attend the appointment on the date shown. Any agent attending on my behalf will have my authority to authorise the bailiff (and the Police if necessary) to use reasonable force to carry out the eviction.'

My problem is, we can't be there on the day, so who do they mean by 'my agent' - and if I do ask my letting agent, do they need a letter of authority from me? I haven't used any designated person or name in any other forms leading up to now.

I can't thank you enough for your help in advance - we can't bear to go wrong at this stage!
 

Jeffrey Shaw

Member
Staff member
#14
Yes. As L, you can appoint anyone your agent: a friend/relative/neighbour or the Letting Agent.
To be on the safe side, equip whomever you appoint with a Letter of Authority. Give your agent all necessary powers to act on the day.
 
#15
Hi - Jeffrey has said what I was going to say - however, I would advise that whoever you send it accompanied by a locksmith - if the locks have been changed by the tenant, the Bailiff will not be able to execute the warrant without access to the property - and in any event you will want to change the locks when you have obtained possession - I would advise that the agent is someone different to the locksmith
 
#16
Thank you so much. I've appointed a relative, plus the agent will be there too. Two weeks to go!

So still with no sign of any packing, my last fear is that the tenants will all decide to go out for the day, thus not be there to let the bailiffs in. There is one communal front door for three flats to use, then their (our!) own flat door. Should they not be at home, what can we do?

Thank you so much again!
 
#17
Provided the Bailiff can gain access with keys or assistance from a locksmith he will execute his warrant - which means that you have possession and can change the locks. If the tenants are not there but have left some/all their possessions they will then need to make arrangements for access. I would advise that a note is put up at the property asking them to contact you immediately to arrange access, you should also send a notice through text and/or email - you should use every way possible of trying to contact the tenant. I would advise that you give 14 - 21 days for them to collect everything. You should make a list of what is there and take photographs. If they fail to contact you within the time you have given you can then dispose of the items.
 

ben

New Member
#19
Hi guys, thanks for all the previous help / replies and advice on various threads. It's very much appreciated by this newby. Sadly my tenant remained put after the possession order also and there's been no sign of the money order at this time. I really thought id get my property back on the 1st December :(

Since then iv instructed the solicitor to seek the warrant. I feel i could have done this now looking into it, but other things happened with me little girl (she's now out of hospital and getting better thankfully) that meant seeking the solicitor's help was the best option at the time. (I did gulp when i saw this charge but i really couldnt care less now) and this was given to the local court with the increased costs claim.

Sadly today, i was told its probably not going to happen this side of x-mas as they dont like turfing out tenants this time of the year. Oh my god, did they really just tell my solicitor that? Even now, i still cant believe how much in favor the situation still is for tenants.

I think the tenant will leave as soon as i get this bailiff date, its just so annoying / frustrating coming across delay after delay. This process really has taken months. Luckily i have been getting the council payment for most of the rent now. Its only the top up iv been missing for the last few months off the tenant. I will never rent to this type of tennant ever again tho!

And this is where im after some help / advice please, just things to look out for, be prepared for. My solicitor has said the bailiffs will contact me to discuss options. No contact yet tho. From reading above, i now know to ask about the locksmith and i will be there and available on the date. Is there anything else i should keep in mind? I think the tenant wants this warrant date almost as much as me.

At this point what should i do? i want to claim back whatever i can! I was pleased to read a little about mesne profits and 3rd party deductions but im worried she disappears again. (we had a brief period where she legged it and didnt tell the acting agency at the time) Should i start claim proceedings now while she is still there? I am worried tho that this will push her over the edge and she trashes the place.

This time next month, il have forked out £xxxx for and upto the warrant / fee, 3 months of no tenant top ups and the paper bond we have will get swallowed up replacing the damaged front door and various other damages. :(

What would you guys do?

-ta.