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DEFINITIONS |
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Many of the terms used in
court procedures are confusing to people who are not familiar with the courts.
Listed below are some of the most common terms - please click on to the terms
for the definition. For the sake of clarity we have divided this section into
two - dealing with repossession definitions first followed by
Small Claims Court definitions.
| Property Repossession Definitions |
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Accelerated Possession |
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With Assured Shorthold tenancies the
landlord can apply for Accelerated Possession provided that the tenant was
served with a Notice to Quit at least two months prior to the expiration of the
tenancy agreement. With this procedure the landlord need not attend at court or
have to prove a reason for the possession. |
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Adjournment |
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This is where a hearing is delayed as
long as the tenant agrees to pay a certain amount. |
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Adjournment on Terms |
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This is where a hearing is delayed
for a set period of as long as the tenant pays the rent and a certain amount
regularly towards the arrears. |
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Assured Shorthold Tenancy |
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People with Assured Shorthold
tenancies have less protection than with Assured tenancies. If the landlord
wants the tenant to vacate within the first six months of the tenancy good
reason must be shown, After six months the landlord can apply for Accelerated
Possession provided that the correct procedures have been followed. In
exceptional circumstances the possession can be delayed if the court determine
that the possession will cause "exceptional hardship". |
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Assured Tenancy |
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The Assured tenancy gives the tenant
significantly more protection and accordingly is far less common than the
assured shorthold tenancy. The landlord must give the tenant a legal notice
called a "Notice of Seeking Possession" which details the reasons for the
possession which must be served either two weeks or two months prior to the
application for a possession order. |
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Common areas |
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Shared facilities such as lifts,
stairways, hallways, passages. Usually, the landlord is responsible for
maintaining these areas. |
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Council Tenancies |
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Tenancies in Local Authority
properties. These are usually "secure" tenancies. |
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Demoted tenancy |
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This applies to Council Tenancies
where someone in the household behaves anti-socially or uses the property for
illegal purposes. Such tenancies provide fewer rights and last for at least a
year. If there are no further problems during the demoted period the tenancy
should revert to a secure tenancy. |
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Discretionary Grounds |
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As the name implies this is where the
court sill decide if the grounds for the possession application are reasonable
or not. Usually such grounds are for property damage, missed rent for less than
two months and anti-social behaviour. |
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Exceptional Hardship |
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The court can delay a possession
order for a short time if the tenant will suffer exceptional hardship. This is
if there is serious illness, small children or elderly/infirm people in
residence. |
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Fair rent |
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This applies to housing association
and "registered social landlord" tenancies which started prior to 15th January
1989. For assured and assured shorthold tenancies there is little legal control
over rent levels. |
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Housing Association Tenancies |
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These tenancies are broadly described
as "social housing". Many are registered and are called Registered Social
Landlords (RSL's). Tenancies can be assured, assured shorthold or, if the
property was transferred from a local council, a secure tenancy. |
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Housing Benefit |
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Tenants receiving housing benefit
will be in receipt of a substantial proportion of the property rent or even all
of it. The tenant has the option to have the benefit paid directly to the
landlord and it is sensible for the landlord to insist on this. |
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Licence |
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Licensees have less protection than
tenants and include students living in halls of residence, people living in
holiday accommodation, those who share living space with the landlord and those
whose landlord provides extra services such as meals and room cleaning. |
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Mandatory Grounds |
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Mandatory grounds for possession
include: the tenant being at least two months behind with the rent, the
property being repossessed by a bank or mortgage company, the landlord is going
to demolish the property or the landlord previously lived in the property and
requires to do so again (having made the tenant aware of this at the
outset). |
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Notice To Quit |
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This is a formal document served on
the tenant at the appropriate time. The format of the document should conform
to legal requirements and served in accordance with the procedures associated
with the type of tenancy agreement, lease or licence. |
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Outright Possession |
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An outright possession order marks
the end of the tenancy and gives the landlord the option to instruct the court
to appoint bailiffs to evict the tenant. The order will specify a date for the
tenant to vacate the property - if tenant fails to leave by that date the
landlord can claim payment for the time the tenant continues to occupy the
property. |
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Private Tenancies |
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Most private tenancies these days are
Assured Shorthold tenancies and the property, whether a house or flat, is
usually furnished. The contract period is usually six months and terminates at
the end of the six month period. It is prudent for the landlord to to give the
tenant Notice of Possession at least two months prior to the expiration of the
six month period (citing the termination date on the contract). |
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Reasonable Notice |
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This normally as specified in the
rental agreement or the statutory two months applying to assured or assured
shorthold tenancies. |
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Regulated Tenancy |
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Most private tenancies which started
prior to 15th January 1989 are regulated tenancies. These give the most
protection against rent increases or eviction. |
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Secure tenant |
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Usually a council tenant. |
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Sub-Letting |
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Most tenants are not permitted to
sub-let the whole of their home but can, with the landlords permission, sub-let
a part of their home. This usually happens for economic reasons enabling the
tenant to share the costs. |
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Succession |
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If a tenant dies another member of
the family may be able to take over the tenancy. With a periodic assured or
assured shorthold tenancy, the tenancy automatically passes to the tenant's
husband, wife or partner - provided that they were living with the tenant prior
to the death of the tenant. There can only be one succession which means that
the tenancy will end when the person who succeeded dies. Succession can be a
complicated subject and specialist legal advice is advisable. |
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Suspended Order |
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A suspended order allows a tenant
with rent arrears to remain in the property provided that they pay off a
specific amount each month or week. |
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Suspend the
Warrant |
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If a tenant has received a bailiff's
warrant they can apply to the court to have the warrant suspended. To do this
they must provide good reason and provided a realistic plan for the payment of
rent arrears. |
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| Small Claims Court
Definitions |
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Claim Form |
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A claim is the process whereby two or more
parties can settle their differences by using the court system. The procedure
starts with the Claim Form which is known as an N1 and used to be called a
Summons Form.
The Claim Form provides the Defendant with the basis of
the claim and the reply pack that is attached enables the Defendant to make a
response.
Completion of the Claim Form requires strict
attention to detail, the careful calculation of Statutory Interest and accurate
Particulars of Claim. Claim Link do all of this for you. |
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Claimant |
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The Claimant is the person making the
claim. In the past the Claimant was known as the Plaintiff. |
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Defendant |
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The Defendant is the person or
company from whom the Claimant requires settlement. |
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Defence |
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If the Defendant disputes the claim
he/she can forward to the court a defence. This should detail why the claim is
disputed and contain evidence to that effect. The Defendant usually has 21 days
from the date of issue of the claim to indicate that a defence is to be filed
and 28 days to file the defence. |
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Judgment |
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Judgment is any order made by the
court in favour of the claimant, the defendant or both. |
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Judgment in Default |
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If the defendant fails to respond to
the claim form within the period of 21 days judgment in default can be applied
for. This also applies if an Acknowledgement of Service is filed but the
Defendant fails to file a defence within 28 days of service of the claim. This
means that a judgment is entered for the full value of the claim and any
associated costs. The Claimant does not need to make a court appearance if
Judgment In Default is obtained. |
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Set aside |
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If the defendant does not agree with
a judgment he/she can apply to the court for the judgment to be set aside. Good
reasons must be provided such as postal delays, out of the country or
illness.
When making a decision to set aside the judge will always
take into account whether or not the defence would have a good chance of being
successful. Set aside is not automatic and if declined interest still accrues
at the statutory rate of 8% for the delay period. |
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Enforcement |
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Obtaining a judgment does not
guarantee payment. The court will not automatically enforce a judgment and it
is necessary to instruct the court as to the enforcement option preferred. An
enforcement fee is payable to the court. |
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Small Claims track |
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The Small Claims Track is the track
to which monetary claims of not more than £5,000.00 are usually
allocated. The allocation to a particular track is decided by the District
Judge who may allocate the claim to a different track if there are other
prevailing factors. |
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Fast track |
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Disputes valued at more than
£5,000.00 but not more than £15,000.00. |
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Multi-track |
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Disputes over £15,000.00. |
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Directions |
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When a claim is allocated to a
particular track the District Judge will issue directions to each side. These
will apply to the provision of documentation to the court and the other side
and the appointment of expert witnesses. Directions must
be complied with, especially in respect of time scales otherwise the
claim can be struck out. |
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Notice of Issue |
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Following the issue of the claim to
the defendant a Notice of Issue is forwarded by the court to the Claimant or
the Claimant's solicitor. This document details the claim number allocated by
the court, the date of issue, the date of service, the method of service and
the final date when the defendant must respond. The response options are also
detailed. |
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Acknowledgement of service |
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If the defendant intends to defend
the claim an acknowledgement of service must be returned to the court within
the time scale specified on the Notice of Issue. A copy is forwarded by the
court to the claimant or claimant's solicitor. The defendant is allowed 28 days
from the date of service to file a defence at the court. If this is not filed
within the 28 days Judgment in Default can be applied for. |
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Allocation questionnaire |
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When a claim is defended an
allocation questionnaire is forwarded to both sides. These must be completed
and returned within the specified time - usually 14 days. This document
provides the District Judge with all relevant information for the allocation of
the claim to the appropriate track and the setting down of a hearing date. |
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Allocation fee |
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If the claim is for a sum in excess
of £1,500.00 a fee of £100.00 is required by the court. This is in
addition to the issuing fee - please see our page at Fees
& Costs |
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Request for Judgment |
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Judgment is not entered automatically
unless there is a court hearing. If there is no hearing an application must be
made to the court for judgment to be entered. |
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Strike out |
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If documents are not filed on time,
or there has been a breach of court procedure or the claim is obviously
spurious the court can strike the claim out. This means that the claim ceases
and no further action will be taken by the court. However, claims can be
re-instated if there is a good reason. |
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