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.
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
(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,
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)