Court Form N5b - Possession of Property - England (accelerated procedure)
Court Form N5b - Possession of Property - England (accelerated procedure)
The Court Form N5b should be used by a landlord who wishes to apply to the court for a possession order for a residential property that has been let under an Assured Shorthold Tenancy using the Accelerated Possession Procedure. Please note that this form (found at the bottom of this page) is for England. If the property is in Wales then you should use the other form for Wales. Before applying to the court the landlord must have validly served a Section 21 Notice requiring Possession.
What is Court Form N5b
Court Form N5b is an official document used in England and Wales to initiate a legal process for the possession of property. It is required when landlords are trying to repossess their properties within the accelerated procedure, which can be done within 8 weeks instead of 12-15 months with a standard claim.
When you use Court Form N5b?
It must be properly served on all tenants or occupiers involved. This means that you need to provide them with a copy of Court Form N5b as well as any other relevant documents. You should also complete Court Form N119A - Certificate of Service to prove that Court Form N5b has been served correctly. Failure to do this could result in your case being delayed or thrown out.
You are also required to provide Court Form N5b and Court Form N119A - Certificate of Service to the court when you file your possession claim. It is important that you make sure Court Form N5b is correctly filled in with all the necessary information, such as names, addresses, property details etc. Failure to do this could also result in delays or a rejection of your claim.
Making sure Court Form N5b is properly used and served can be tricky, so it's always wise to seek legal advice from a solicitor before proceeding with your repossession case. An experienced solicitor will be able to guide you through the process and help ensure that Court Form N5b is used correctly and all necessary steps.
Can I fill out the N5B for possession of property?
Although Court Form N5b is a legal document, it does not require the services of a solicitor to fill out. However, it is highly recommended that you seek advice from a legal professional before submitting your Court Form N5b. They can advise you on how best to complete the form and ensure that Court Form N5b is properly served and filed with the court.
How many copies of N5B will I need?
You will require a minimum of 3 sets of the N5B form: one for the Court, one that is sent to the tenant by the Court, and one that is returned to you. If there are more tenants then you will need an additional N5B form for every extra tenant. To be on the safe side, it's always best to prepare extras forms - so I would suggest at least 4 copies total.
The next question is how you should go about creating the four copies. You have a few options: handwritten, printed and filled out by hand, or printed after filling it out online. All three are perfectly acceptable to the courts, but I would recommend the latter because it's both quicker and neater. If you opt to write them out by hand, be sure to use black ink.
In addition to the form, you will need an equal number of the following documents: The tenancy agreement, notice seeking possession, and proof of service marked.
How to complete Form N5B (England)
Name of Court - This is where the property is located.
Claim no. Fee Account - Leave this blank for the Court.
Claimant - this is the landlord and please use the full title, name and address.
Defendant - Full name(s) and address(es) of tenants. This is presumably the rental property but if not use the current address or last known residence.
The claimant is claiming possession of - This is the rental property address /name.
The claimant is also asking for an order that you pay the costs of the claim - Legal representative costs can be claimed subject to the Civil Procedure Rules. See below.
Costs on entry of judgment in a claim for the recovery of land or a demotion claim
45.6
(1) Where –
(a) the claimant has claimed fixed commencement costs under rule 45.5; and
(b) judgment is entered in a claim to which rule 45.1(2)(d) or (f) applies, the amount to be included in the judgment for the claimant’s legal representative’s charges is the total of –
(i) the fixed commencement costs; and
(ii) the sum of £57.25.
(2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant’s legal representative’s charges for preparing and filing –
(a) the claim form;
(b) the documents that accompany the claim form; and
(c) the request for possession,
is £79.50.
Issue date - Leave this blank for the court to complete.
The claimant seeks an order that the defendant(s) give possession of - this is where you specifically state the details of the property. If it is a Room Only AST then identify the part eg. Flat 8, Rooms 2 second floor)
Is it a demoted tenancy? - You probably have a demoted tenancy if the court made an order to demote the tenancy. Please seek independent legal advice if you are unclear on this.
Section two - You need to provide a date for the initial tenancy and below the most recent or subsequent tenancy agreements.
Section five - this relates to the Section 21 Notice.
Sections seven and eight include many details and you must be thorough and attach the relevant documentation where indicated.
The Statement of Truth - must be signed by the Landlord (or on the Landlord’s behalf if the Landlord is a company) and If it comes to light that at the time landlord signs this they knew the contents of the document were untrue there can be very serious implications to both the case and in the most serious of situations the landlord can be held in contempt of court
DOWNLOAD - Court Form N5b - Possession of Property - England (accelerated procedure)
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