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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32256
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can you add a ground to a N119 Particulars of claim for

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Hello. Can you add a ground to a N119 Particulars of claim for possession that was not noted on the Section 8 notice seeking possession?
JA: What are you located? It matters because laws vary by location.
Customer: Preston, Lancashire
JA: Has anything been filed or reported?
Customer: Yes, we had a hearing and the duty solicitor pulled the original N119 as I had not inserted the full texts of the Grouds 8, 10 & 11 in Q4(c) so now have to submit an amended N119
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No - just want to check if I should keep the additional ground or delete it before sending in the amended N199

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

for the avoidance of doubt, you are not proposing to withdraw proceedings and submit fresh proceedings but rather are simply proposing to submit an amended form N119. Is that correct please?

Customer: replied 16 days ago.
On the section 8 Notice Seeking Possession I inserted section 8, 10 & 11. However, after serving the S8 we then found out they had got a dog without asking so mentioned it in Question 4(b). At the hearing the duty solicitor said that 4(c) on the N119 was not correct as I had only put the Grounds 8, 10 and 11 schedule 2, housing act 1988 and said that it should be the full text of each ground? The Judge said we should submit an amended N119 but now I have noticed that I don't mention ground 12 so do I add it in or just leave it out. Hope that makes sense?
Customer: replied 16 days ago.
Hi Joshua, I am unable to accept calls at the moment. The Judge is allowing us to submit an amended N119 within the next week - Should add Ground 12 to 4(c) when adding the full text of the other grounds or leave it out? The main reason for claiming possession is that the tenant has over 4 months of unpaid rent? many thanks, Emma
Customer: replied 16 days ago.
I have attached a screenshot of question 4 showing the amendments I have made in red text

thank you. Unfortunately, you cannot add additional grounds to your claim that were not included in the original section 8 notice provided to the tenant. It is perfidy possible to add grounds but to do so, you would need to vacate proceedings, issue a new section 8 notice and then bring new proceedings on the basis of that newly served section 8 notice but this can involve delay and potentially additional court fee so it is unlikely to be an attractive option

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Customer: replied 15 days ago.
Thank you so much for explaining that Joshua and yes would want to avoid any further court cost if possible - I will delete 4(b) but would you note anything in Question 7 (About the defendant) or just leave it out completely? Its just he has started breaching other terms of the tenancy purposely since we made the claim for possession like blocking shared access, parking trailers in the courtyard and has broken the garage door - would mentioning these things in question 7 help the claim for possession or should I just stick to the non payment of rent?
Many thanks, Emma

principally, you should focus the evidence you supply on the basis of the grounds you used in your section 8 notice. However, having dealt with out, you can consider adding an additional paragraph noting the tenant's conduct since the notice was served but it would be sensible not to Labour  this and to keep it short and brief and to the headline points you wish to make in this regard as brief evidence as regards ***** ***** it will have comparatively little bearing

Customer: replied 15 days ago.
Noted thanks I feel a little more confident sending it off now. Thank you again and hope you get chance to enjoy the Sunshine! Kind regards, Emma

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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