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Updated residential mortgage repossession court forms released by the MoJ

October 2015

Updated residential mortgage repossession court forms released by the MoJ

The Ministry of Justice (‘MoJ’) has now released updated versions of the template court forms for use in connection with residential mortgage repossession cases. The updated forms are:

•N120 Particulars of Claim for Possession (Mortgaged Residential Premises); and 

•N123 Mortgage pre-action protocol checklist.

The release of the updated forms follows the introduction in April 2015 of the revised Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the ‘MPAP’).  

Both form N123 and the new N120 are relevant for claims against a customer with a ‘normal’ residential mortgage (with or without a tenant, authorised or not). MPAP does not apply to Buy to Let Mortgages. As a result, form N123 is not required in mortgage repossession claims against a customer who has entered a buy to let mortgage.

In summary, what’s changed on the new forms? 

The new forms, now in force, are available to view on the HMCTS website (court finder section), or by clicking on the form name here: N120, N123.

NB.  If using the HMCTS website, make sure that your browser cache is refreshed so that you are not looking at the older versions of the forms.

The main changes to note are: 

1.Paragraph 10 of N120 is now laid out as follows:

“A tenancy was entered into between the mortgagor and the occupier named in paragraph 3 above

with the authorisation of the mortgagee (delete if not applicable)

Or

without the authorisation of the mortgagee (delete if not applicable).

If a tenancy was entered into with the authorisation of the mortgagee explain what if any steps the mortgagee intends should be taken in respect of that tenancy”

This means that if the mortgage lender knows that the property is occupied by a tenant, then this information will need to be provided to the lender’s legal service provider, even if the mortgage product is a buy to let product (in which case paragraph 10 would be amended to state ‘with the authorisation of the mortgagee’).  Similarly this part of paragraph 10 would also be selected on a ‘normal’ residential mortgage where the mortgage lender has given express consent to the customer to enter into a tenancy.

2.In relation to N123, there have been modifications to the form to reflect the renumbering of the paragraphs of the MPAP, to make some minor changes at question 3 and finally to introduce a section on authorised tenants (question 7 in the new version of N123).

At the time of going to press, it is unclear whether/when Possession Claims Online (‘PCOL’) will be updated to reflect the changes to paragraph 10 of N120. Therefore, for any cases with tenants in occupation, it may be necessary for legal service providers to progress those cases outside of PCOL until it is synchronised with the new N120. 

 

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