N5B Claim Form for Possession of Property in England (Accelerated Procedure)
This N5B Claim Form for Possession of Property in England (Accelerated Procedure) should be used by a landlord who wants to apply to Court for a possession order for residential property that has been let on an assured shorthold tenancy (AST) in England.
The up to date version of it can be found on the Government website: https://www.gov.uk/government/publications/form-n5b-england-claim-form-for-possession-of-a-property-located-wholly-in-england-accelerated-procedure.
Once you have opened the template form on the Government website, you should save a copy to a location of your choice and then you can complete that copy.
Note that a claim may also be started online via the www.gov.uk website. The guidance below is designed for landlords who are using a paper form N5B but it will also assist landlords who are using the online option.
Before applying to Court, the Landlord must have served a Section 21 Notice on the Tenant. See the Repossession Guidance and Section 21 Notice templates for more information.
Once Form N5B has been completed it needs to be sent to the County Court in the area in which the property is located. See the template Letter Enclosing N5B.
On page 1 of Form N5B, the lneeds to provide details of the Claimant (landlord(s)), Defendant (tenant(s)) and property.
If the landlord wants the Court to order that the tenant pay the costs of the claim (court fee and legal costs) a tick should be placed in the relevant box.
The Defendant’s address for service will be the property address if the tenant is living there or such other correspondence address as the tenant has provided.
The legal representative’s costs cannot exceed the amount specified in rule 45.6(2) of the Civil Procedure Rules. The current court fees can be found here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs
The issue date should be left blank for the Court to fill in.
On page 2, section 1 asks for details of the property.
In section 2, the landlord needs to give details of the first (or only) tenancy agreement entered into between the landlord and tenant. If there have been subsequent renewals of the tenancy, details of the most recent agreement also need to be given.
In section 3 either the first or second option needs to be completed depending on whether the tenancy began before or after 28 February 1997.
Section 4 relates to replacement (or renewal) tenancy agreements.
In section 5 details of the Section 21 Notice need to be given.
Section 6 relates to houses in multiple occupation (HMOs).
Section 7 relates to the Tenancy Deposit Protection legislation.
Section 8 relates to improvement notices and emergency remedial action notices served under the Housing Act 2004.
Section 9 relates to energy performance certificates.
Section 10 relates to gas safety.
Section 11 asks whether the tenant has been given a copy of: "How to Rent: the checklist for renting in England".
Section 12 asks whether the landlord wishes to be present at any court meeting.
Section 13 contains the landlord's request that the tenant give up possession and, if applicable, pay the landlord's costs.
The Statement of Truth must be signed by the landlord (or on the landlord’s behalf if the landlord is a company).
N5B Claim Form for Possession of Property in England (Accelerated Procedure) is part of Property Documents. Just £35.00 + VAT provides unlimited downloads from Property Documents for 1 year.