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England

Rent arrears in a housing association or council home

Court forms and letters

Your council or housing association can go to court when the notice ends.

They can ask the court to make a possession order.

You get a letter from the court when your landlord starts court action.

Your court hearing is usually 3 to 8 weeks after you get this letter.

You could still keep your home but you need to take action now.

Keep talking to your landlord

Your council or housing association should help you with benefit problems. 

Try to agree a rent repayment plan. You can still do this after they apply to court.

Our letter templates could help you talk to your landlord about rent arrears.

Check the court forms

The court will send you these forms, usually in the same envelope:

Read them all carefully.

The N5 and the N119 are filled in by your landlord. The N119 has important information about why your landlord wants to evict you.

Check it for mistakes or anything you do not agree with. For example, if you think the amount it says you owe is wrong.

The N7A is a court leaflet for tenants.

Date and time of your court hearing

This is on the N5 claim form. Put this date on your calendar.

The judge will probably make a possession order if you do not go to the hearing.

Find out what else to do to get ready for the hearing.

Fill in the defence form

You can go to the hearing even if you do not send in a defence form.

But it's usually better to send back the defence form if you can.

What to write on the form

You can use this guidance to fill in the form yourself. If you have legal help, an adviser or solicitor can fill it in for you.

  • Question 2 - Tick 'Yes' if you agree with the information on the N119 form and your landlord gave you a legal notice. Tick 'No' if you think the information on the form is wrong. Write your reasons in the box.

  • Question 3 - Write the date you got the 'notice seeking possession' from your landlord.

  • Question 4 - Tick 'No' if you think the amount of rent arrears is wrong. Write how much rent you think you owe, if any.

  • Question 5 - Tick 'No' if your landlord has used other grounds and you think the details on the N119 form are wrong.

  • Question 6 - You may have a counterclaim. For example, if your landlord has not done repairs, your home is in very bad condition or you have faced disability discrimination. The court could order your landlord to pay you compensation. This could offset your rent arrears. Get legal advice on a counterclaim.

  • Question 7 - Tick 'Yes' if you have paid any rent arrears off since court action started. Write how much and the date you paid.

  • Question 8 - Tick 'Yes' if you have agreed a rent repayment plan with your landlord since court action started. Write what you have agreed to pay each month or week.

  • Question 9 - Tick 'Yes' if you have not agreed a rent repayment plan with your landlord.

  • Question 10 - Write what you can afford to pay towards your arrears each month or week. Work this out with an online budget tool or get debt advice.

  • Questions 11 to 27 - These questions are about your benefits, income, spending and debts. Use the figures from your budget sheet if you've had recent debt advice.

  • Question 28 - Tick 'No' if you would have nowhere to live after you are evicted.

  • Question 29 - This is important for secure tenants, or if your housing association cannot use ground 8.

Tell the court why:

  • you owe rent

  • eviction would cause you hardship

  • it's not reasonable for you to be evicted

For example, because you are ill, disabled, have children or problems with benefits.

Tell the court what steps you have taken to deal with rent arrears.

Use a separate piece of paper if you need to. Keep it brief and stick to the facts.

Make sure you have a repayment plan you can keep to.

If you do not have a repayment plan yet, explain why. For example, if you're waiting to start a new job or for benefits to be paid.

Sign and date the statement of truth at the end of the form.

Return the defence form to the court within 2 weeks if you can.

Go to the hearing even if you have not sent your defence form back.

Last updated: 26 August 2024

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