Court Form N325 - Request for Warrant of Possession of Land (application for eviction)

Court Form N325 - Request for Warrant of Possession of Land

Court Form N325 is a legal document used to request a Warrant of Possession of Land. A Court Form N325 allows an applicant to take possession of land or property that they are entitled to, granted by the Court after an appropriate Court Order has been served on any occupier of the land/property in question

When do you use Court Form N325?

Court Form N325 is most commonly used when someone (known as the 'applicant') wishes to gain possession of land or property from another person (known as the 'Respondent'). This could be for example if

- The title deed and/or Court Order states that the Respondent has no right to occupy the land

- The Court has already granted the Applicant a Court Order requiring the Respondent to vacate the land/property

- A Tenancy Agreement between the parties has expired or been terminated

How do you make sure service is done properly?

The Court must be satisfied that it is reasonable for an order to be served on any occupier of the land before a warrant can be issued. To ensure this, Court Form N325 should include details of how and when service was effected e.g. through personal delivery or by post. If service is not properly completed, then it may become necessary to satisfy the Court that 'substantial compliance' with service requirements has been attained - in these circumstances, legal advice should be sought

What can go wrong?

If Court Form N325 is not completed properly, or Court Order and/or service requirements are not met, then the Court may decline to issue a Warrant of Possession. This could leave the Applicant in an uncertain position as they would be unable to take possession of the land/property that they are legally entitled to. Therefore, it is important that Court Form N325 is completed correctly and any Court Orders are carefully reviewed before submitting the application to Court.

In addition, if Court Form N325 is not served on all parties within the time frame prescribed by Court Rules then it can invalidate service altogether meaning a new application for possession will be required.

Do you need permission to issue a County Court warrant of possession?

Yes, Court Form N325 must be submitted to Court in order to obtain permission for a warrant of possession. The Court will carefully consider all documents provided including Court Order and service requirements before granting permission. If Court approves the application then a Warrant of Possession will be issued.

Please note that just having the court order does not allow a landlord to enforce the order.  You must apply to the court to get a Warrant to execute the order using the form at the bottom of this page.

You will already be familiar with much of the court form layout from previous forms.  The only matter worth clarifying here is

Date of judgement/order - this is the date the court hearing took place 
Date of possession - this is the date the tenant(s) were ordered to leave the property by. It will be specified in the previous Possession Order.

DOWNLOAD COURT FORM N235 HERE

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