Stage 2: Starting court proceedings for possession (accelerated possession)
Use this pack after correctly serving a notice confirming which deposit protection scheme you are using and/or a section 21 notice, and the tenant(s) have not vacated the premises within the time stipulated in the notice, you can use this pack to start court proceedings to obtain an order evicting your tenant(s).
The documents contained in this pack give you everything you must use in order to start court proceedings and obtain an order for possession. The pack contains all the court forms, letters and ancillary documents, such as schedules required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant(s) will be liable to pay for them.
You should begin the process by completing the document ‘Form N5B - Claim for possession of property (accelerated procedure)’ and send this to the court along with the associated covering letter ‘Covering letter for claim form N5B (issuing claim at court)’.
If the tenant(s) fails to defend your claim in the prescribed time governed by the court procedure, you will need to use the ‘Letter requesting judgment in default (accelerated possession procedure)’ and, if your tenancy agreement states that the tenant(s) will be liable to pay for your costs, our ‘Schedule of costs for applications to court to recover costs’.
Pack documents:
• Form N5B - Claim for possession of property (accelerated procedure)
• Covering letter for claim form N5B (issuing claim at court)
• Letter requesting judgment in default (accelerated possession procedure)
• Schedule of costs for applications to court to recover costs
Stage 2: Starting court proceedings for possession (accelerated possession)
Use this pack after correctly serving a notice confirming which deposit protection scheme you are using and/or a section 21 notice, and the tenant(s) have not vacated the premises within the time stipulated in the notice, you can use this pack to start court proceedings to obtain an order evicting your tenant(s).
The documents contained in this pack give you everything you must use in order to start court proceedings and obtain an order for possession. The pack contains all the court forms, letters and ancillary documents, such as schedules required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant(s) will be liable to pay for them.
You should begin the process by completing the document ‘Form N5B - Claim for possession of property (accelerated procedure)’ and send this to the court along with the associated covering letter ‘Covering letter for claim form N5B (issuing claim at court)’.
If the tenant(s) fails to defend your claim in the prescribed time governed by the court procedure, you will need to use the ‘Letter requesting judgment in default (accelerated possession procedure)’ and, if your tenancy agreement states that the tenant(s) will be liable to pay for your costs, our ‘Schedule of costs for applications to court to recover costs’.
Pack documents:
• Form N5B - Claim for possession of property (accelerated procedure)
• Covering letter for claim form N5B (issuing claim at court)
• Letter requesting judgment in default (accelerated possession procedure)
• Schedule of costs for applications to court to recover costs
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Use this covering letter to a county court to enclose the form and supporting documents needed to issue a claim for possession using the accelerated possession procedure for a property let under an assured shorthold tenancy agreement.
You will need to have already completed claim form N5B. You can use our document Form N5B - Claim for possession of property (accelerated procedure) to do this.
To use this form, all of the following must be true:
- You're claiming possession of a property rented under a AST that began on or after 28 February 1997.
- All the fixed-term or contractual periodic AST agreements with the tenants are written.
- All of the tenants are individuals (i.e. not companies or organisations).
- At least one of the tenants occupies the property as their only home.
- None of the tenants are employed as an agricultural worker.
- If there is more than one landlord, none of them operate as a business.
- A section 21 notice has been served on the all the tenants at the same time and in the same way.
- Your claim is only for possession of your property and doesn't include any other claim (e.g. rent arrears).
- If you've received a deposit, you've paid it into a government-approved tenancy deposit scheme.
- If the first or latest tenancy agreement is dated on or before 1st December 2003, you've paid any owed stamp duty.
Use this covering letter to a county court to enclose the form needed to apply for a judgment for possession against your tenant where they've failed to send the court their defence within the timeframe set by the court. This is known as a judgment in default.
To use this document, you should have issued a claim using claim form N5B (claim form for possession of property let under an assured shorthold tenancy agreement) for possession under the accelerated possession procedure for a property in England. You should also have completed the application form for judgment in default (which is provided by the court).
Note: The tenant(s) have 14 days from the date of service of form N5B to send their defence to the court. If the court receives their defence after the 14 days expired, but before you apply for a judgment in default, their defence will be accepted by the court - so don't delay sending this document.