Section 21 possession claim form confusion?

I recently left a court hearing somewhat bemused after a rapid-fire interrogation of the bundle provided. It appears I hadn’t ticked the right box on a form, and with the hearing now adjourned for two months, I’m left in a difficult position with tenants wanting to move in, yet I can’t get rid of the existing defaulted tenant.

I have been advised of two things: 1. Amend Claim Form and Particulars of Claim to show a claim for possession under Section 21, and (2). Re serve the amended Claim Form and Particulars of Claim on the Defendant no later than 7 days before the next hearing. Yet I don’t know what I should be amending, and how exactly!?

For context, the tenant had stopped paying his rent in the months leading up to the end of his one-year AST contract.

I served a 6a Form to the tenant, giving 2 months’ notice, which ended two days after the AST end date. It was acknowledged that day by the tenant (and in court, the judge confirmed it was in line with expectations and within the required time).

When the tenant didn’t leave, I began court proceedings using the Possession Claim Online website.

I followed the instructions, ticking the relevant boxes and filling out the boxes on each page, which seemed to complete the N5 Claim form for possession of property. The section I ticked had the following options for Grounds for possession: (1) rent arrears, (2) other breach of tenancy, (3) forfeiture of the lease, (4) mortgage arrears (5) other breach of the mortgage (6) trespass (7) other (please specify)

I assumed because the claim form clearly states it’s a “claim form for repossession”, and that I was seeking rent arrears, I had ticked the correct box (rent arrears).

Should I have ticked Forfeiture of the lease also?

Or perhaps written Reposession of property under Section 21 in the “Other” box?

Technically, the AST had already ended and had become a rolling tenancy.

The PCOL website also completed a N119 form also, which ticked the four boxes (a) give the claimant possession of the premises; (b) pay the unpaid rent and any charge for use and occupation up to the date an order is made; (c) pay rent and any charge for use and occupation from the date of the order until the claimant recovers possession of the property; (d) pay the claimant’s costs of making this claim. All of these seemed to be correct, and therefore, when the judge said I’d not ticked the right box, I was really confused.

While the tenant has started paying rent again (assumingly he’s realised I called his bluff about going to court, and that I’d seek a CCJ), I’m still 1000’s out of pocket, plus the court cost, and I have a couple who have been living with their son waiting patiently to move in for the last 3 months and I don’t want to lose them.

Any advice as to what I should do would be much appreciated!

Thanks,

Niall