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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

Compatible region(s): England & Wales

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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Accelerated procedure pack flowchart
Covering letter for claim form N5B (issuing claim at court) (Guidance Notes)

Use this covering letter to the court if you're a landlord applying for a possession order using the accelerated possession procedure for assured shorthold tenancy agreements. You will need to have already completed claim form N5B. You can also use it to mark your application as a COVID-19 case, if you're seeking possession due to suffering financial hardship as a result of the pandemic. This document can only be used for properties rented in England & Wales.

Form N5B - Claim for possession of property (accelerated procedure) (Guidance Notes)
Use this form to apply for a county court order to get possession of a property let under an assured shorthold tenancy agreement (AST) for a residential property located in England or Wales. It will create cover sheets for you to attach supporting documents to, if your circumstances require it.

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 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 in agriculture.
  • 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.

Note that you must send a court fee with this form and a notice about the effect coronavirus has had on the tenants and any of their dependants (you can use our document Possession claim notice: effect of the coronavirus pandemic on the tenant to do this).

Letter requesting judgment in default (accelerated possession procedure) (Guidance Notes)
This document creates a covering letter to the court for a landlord issuing an application for judgment in default, which is used to obtain a possession order against a tenant who has failed to file a defence at court in time. To use this document, you will need to have issued a claim at court for possession of the property using 'Form N5B - Claim form for possession of property' and completed the application form for judgment in default which is provided by the court. Please note that this document can only be used in England and Wales.
Schedule of costs for applications to court to recover costs (Guidance Notes)
This document creates a schedule of costs to be used in general court proceedings by a litigant acting in person when applying to recover their costs of time spent and expenses incurred in conducting a claim. Please note that this document can only be used in England & Wales.

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