Before using this procedure, you should check by reading the other parts of this section that the occupier is truly a trespasser. In addition some form of notice before proceedings are commenced should have been served on the occupiers explaining you believe them to be trespassers and that you intend to use the trespasser procedure to claim possession (a simple mention of court proceedings generally is sufficient, there is no need to detail what proceedings you intend to take if you don’t want.) ┬áThis notice should give “reasonable notice” for them to vacate which we would submit in a trespasser case does not need to be long although the longer the better. Anything around 14 days should be sufficient and depending how the notice is served but the longer the better. It also depends on the specific circumstances at to the length of the reasonable notice. In some cases it may be okay for less than 14 days.

There is no prescribed form for the notice before proceedings so just a simple letter will suffice.

Court Proceedings

The claim form should be sent to the county court nearest the location of the property.

Two forms are required:

Claim form N5

Particulars of claim N121

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