Q&As

In your Drafting Notes for particulars of claim for relief against forfeiture you state ‘the particulars of claim must be included with the application for relief against forfeiture in Form N5A’. In your Practice Notes for claiming relief from forfeiture when breach is rent arrears you state that ‘a relief from forfeiture application can be made by counterclaiming in the landlord's action for forfeiture’. Can you confirm that if counterclaiming in the landlord's action for forfeiture you do not need to send Form N5A?

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Published on LexisPSL on 27/02/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • In your Drafting Notes for particulars of claim for relief against forfeiture you state ‘the particulars of claim must be included with the application for relief against forfeiture in Form N5A’. In your Practice Notes for claiming relief from forfeiture when breach is rent arrears you state that ‘a relief from forfeiture application can be made by counterclaiming in the landlord's action for forfeiture’. Can you confirm that if counterclaiming in the landlord's action for forfeiture you do not need to send Form N5A?

An application for relief can be made:

  1. as a free-standing claim for relief, in which case Form N5A with attached particulars of claim will be required

  2. as a counterclaim in the land

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