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PRECEDENTS
Introduction A claim about rights of light will often be commenced under CPR 7 by using Claim form (N1), although in some cases the CPR Part 8 procedure may be appropriate (see Practice Note: CPR Part 8 claims (alternative procedure for claims)). These drafting notes are for use with Form N1 only. For general guidance, see Practice Note: Claim form—the contents. Relevant Precedents For other relevant Precedents, see: Particulars of claim for right of light claim Order for Interim Injunction in right of light proceedings Court details Insert the name of the court where the proceedings are to be issued. The claim can be issued either in the County Court or in the High Court if the value of the claim permits. See Practice Note: Where to start a civil claim. If issuing in the County Court, you can issue the claim in any County Court hearing centre, however, be aware that if the claim is issued in a County Court hearing centre other than that serving the property, then it may be that the claim will
PRACTICE NOTES
These drafting notes are to be used to complete claim form N5B Wales where a private landlord of a residential property (dwelling) situated in Wales has served notice to terminate a standard occupation contract and intends to recover possession using the accelerated possession process. For further guidance on occupation contracts granted under the Renting Homes (Wales) Act 2016 (RH(W)A 2016), see Practice Notes: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession and Renting Homes (Wales) Act 2016—a summary of the key provisions. How to use these drafting notes Form N5B Wales should be used to make a claim for possession of a residential property in Wales let on a standard occupation contract using the accelerated possession procedure. These drafting notes are for use in completing Form N5B Wales only. For details of the standard possession procedure in respect of a dwelling in Wales, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession — Possession proceedings—CPR 55. There are separate claim forms for obtaining
PRECEDENTS
These claim form drafting notes are to be used where a private registered provider of social housing has served a section 21 notice (or a private landlord served a section 21 notice prior to 1 May 2026 and they fall within the Renters’ Reform Act 2025 (RRA 2025) transitional provisions—see Practice Note: Renters' Rights Act 2025—key provisions—Transitional provisions—application of RRA 2025 to existing tenancies (Schedule 6, Part 1)) on the tenant of a property located wholly or partly in England let on an assured shorthold tenancy (AST) and wishes to use the accelerated procedure for possession under section 21 of the Housing Act 1988 (HA 1988). These drafting notes should be used with Form N5B England and with reference to CPR 55 and CPR PD 55A. How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes
PRECEDENTS
These drafting notes are to be used to complete a claim form where a private registered provider of social housing has served a section 21 notice (or a private landlord served a section 21 notice prior to 1 May 2026 and they fall within the Renters’ Rights Act 2025 (RRA 2025) transitional provisions—see Practice Note: Renters' Rights Act 2025—key provisions—Transitional provisions—application of RRA 2025 to existing tenancies (Schedule 6, Part 1)) on the tenant of a property let on an assured shorthold tenancy (AST) and they intend to use the standard procedure for possession under section 21 of the Housing Act 1988 (HA 1988). The claim should be issued using Form N5, with reference to CPR 55 and CPR PD 55A and accompanied by particulars of claim in Form N119. How to use these drafting notes Where a private landlord has served a notice under section 21 of the Housing Act 1988 (HA 1988) on an assured shorthold tenant, the possession claim may be made using Form N5 where
PRECEDENTS
This Precedent is a claim form and it is for use when you have served a section 8 notice seeking possession of residential accommodation let under an assured tenancy (AT), assured shorthold tenancy (AST), or assured agricultural occupancy, under one of the grounds set out in Schedule 2 to the Housing Act 1988 (HA 1988) for non-payment of rent or other breaches. These drafting notes are for use when completing form N5 and make reference to CPR 55 and CPR PD 55A. How to use these s 8 claim form precedent drafting notes The claim should be commenced by using Form N5 and accompanied by Particulars of Claim in Form N119 (see: Form N119—Particulars of claim for possession (rented residential premises)). These drafting notes are for use for completing Form N5 only. The claim form is to be issued after the section 8 notice has been served and expired without the tenant vacating the property. For guidance
PRECEDENTS
These drafting notes are to be used in connection with a tenant’s defence of a possession claim made by the landlord using the standard possession procedure under section 21 of the Housing Act 1988 (HA 1988). The defence should be completed using Form N11R. Introduction The defence should be made using Form N11R. These drafting notes are for use for completing Form N11R only. Relevant precedents For other relevant precedents, see: • Drafting notes for claim form in section 21 standard possession proceedings • Drafting notes for particulars of claim in section 21 notice standard possession proceedings • Drafting notes for claim form in section 21 standard possession proceedings General points These drafting notes are designed to assist in completing Form N11R, which is the defence where a private registered provider of social housing (or a private landlord who served a section 21 notice prior to 1 May 2026 and who falls within the Renters’ Rights Act 2025 (RRA 2025) transitional provisions—see Practice Note: Renters' Rights Act 2025—key provisions—Transitional provisions—application of RRA 2025 to existing tenancies (Schedule 6, Part 1)) has issued possession
PRECEDENTS
These drafting notes are to be used by a tenant when preparing a defence to a possession claim made using the accelerated possession procedure under section 21 of the Housing Act 1988 (HA 1988) in respect of an assured shorthold tenancy (AST) of a property situated wholly or partly in England, using Form N11B England. Introduction The defence to a possession claim using the accelerated possession procedure in respect of a property let on an assured shorthold tenancy (AST) situated wholly or partly in England is made using: Form N11B—Defence form—(accelerated possession procedure) (assured shorthold tenancy) where the property is located wholly or partly in England. These drafting notes are for use for completing Form N11B England only. For guidance on the section 21 procedure and the accelerated possession procedure, see Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing
PRECEDENTS
This Precedent is a defence and it is for use when defending a landlord’s application under section 8 of the Housing Act 1988 (HA 1988) seeking possession of residential accommodation let under an assured tenancy (AT), or assured shorthold tenancy (AST), or an assured agricultural occupancy and the ground sought for possession is based on the tenant’s alleged non-payment of rent. This Precedent is for use in completing Form N11R. Introduction The defence to a possession claim for non-payment of rent is made using Form N11R (defence form—rented residential premises). These drafting notes are for use in completing Form N11R only. Relevant precedents For other relevant precedents, see: • Private sector tenancies—how to serve a section 8 notice • Social sector tenancies—how to serve a section 8 notice • Social sector tenancies—section 8 notice • Drafting notes for claim form in section 8 notice proceedings for possession of property for non-payment of rent and or other breaches • Drafting notes for particulars of claim in section 8 notice proceedings (non-payment of rent and/or other breaches) • Drafting
PRECEDENTS
This Precedent is a defence and it is for use when defending a landlord’s application under section 8 of the Housing Act 1988 (HA 1988) seeking possession of residential accommodation let under an assured tenancy (AT) or assured shorthold tenancy (AST), or an assured agricultural occupancy and the ground sought for possession is based on an alleged breach by the tenant (other than non-payment of rent). This Precedent is to be completed using Form N11R. Introduction The defence to a possession claim for a reason other than non-payment of rent is made using Form N11R (defence form—rented residential premises). These drafting notes are for use for completing Form N11R only. Relevant precedents For other relevant precedents, see: • Private sector tenancies—how to serve a section 8 notice • Social sector tenancies—how to serve a section 8 notice • Social sector tenancies—section 8 notice • Drafting notes for claim form in section 8 notice proceedings for possession of property (assured tenancy (AT) or assured shorthold tenancy (AST)) for non-payment
PRECEDENTS
How to use these drafting notes These drafting notes are to be used when completing Form N119 particulars of claim where a private registered provider of social housing has served a section 21 notice (or a private landlord served a section 21 notice prior to 1 May 2026 and they fall within the Renters’ Rights Act 2025 (RRA 2025) transitional provisions) on the tenant of a property let on an assured shorthold tenancy (AST) and they intend to use the standard procedure for possession under section 21 of the Housing Act 1988 (HA 1988), rather than the accelerated procedure. The claim should be issued using Form N5, with reference to CPR 55 and CPR PD 55A and accompanied by particulars of claim in Form N119. For further guidance, see Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position. Other relevant precedents Other relevant precedents to be used for standard possession proceedings following service of a section 21 notice include: • Drafting notes for claim form in section 21 standard
PRECEDENTS
This Precedent is to be used to complete the particulars of claim where a private landlord or a private registered provider of social housing has served a section 8 notice on the tenant seeking possession of residential accommodation let under an assured tenancy (AT) or assured shorthold tenancy (AST), or an assured agricultural occupancy under one of the grounds set out in Schedule 2 to the Housing Act 1988 (HA 1988) for non-payment of rent or other breaches and intends to bring proceedings for possession using the ‘standard procedure’ under HA 1988, s 8. This Precedent is to be completed using Form N119 and with reference to CPR 55 and CPR PD 55A. How to use these drafting notes The particulars of claim should be set out by completing Form N119—Particulars of claim for possession (rented residential premises). These drafting notes are for use in completing Form N119 only. For general guidance, see Practice Notes: Private sector assured tenancies—terminating and Terminating assured and assured shorthold tenancies—pre-Renters'
PRACTICE NOTES
Scope of Practice Note This Practice Note on drafting a notice of breach of contract identifies the key instances for when a breach notice may be appropriate to serve and sets out the context behind the drafting of our bespoke notice of breach Precedents. Many commercial contracts include provision for a party in default to be given notice of their breach. This is usually part of a termination clause and may be required in order for a party to remedy the default and/or as a precursor to giving notice of termination for breach in accordance with a contractual right of termination. Note, however, not all breaches of contract give rise to a right to terminate the agreement or require a notice to remedy and may instead limit the innocent party to claiming a remedy of damages only. In such a case the notice may be served to put the defaulting party on notice that the innocent party seeks remedy of the default, in the absence of which, damages will be sought. For further