Stage 2: Starting court proceedings for possession (accelerated possession)

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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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Included in this service:

  • Covering letter for claim form N5B (issuing claim at court)
    This document creates a covering letter to the court for a landlord issuing an application for a possession order using the accelerated possession procedure for assured shorthold tenancy agreements. To use this document, you will need to have already completed claim form N5B. Please note that this document can only be used in England & Wales.
  • Form N5B - Claim for possession of property (accelerated procedure)
    Use this to apply for a court order to get possession of a property let under an assured shorthold tenancy agreement made on or after 28 February 1997 (a shorthold tenancy).

    It will create cover sheets for you to attach supporting documents to and, after working out if your circumstances require it, a witness statement to confirm that you have given certain documents to the tenants.

    Only use this if a fixed term of the tenancy agreement has come to an end and your current tenancy is in writing, or where it follows an earlier tenancy agreement or series of tenancy agreements and one of those earlier agreements was in writing.

    You can't use it if you want to recover possession on any other grounds (e.g. rent arrears); if you want recover money from tenants (although you can request costs); if there are mutliple claimants and one or more is a partnership, LLP or limited company; or if a claimant is a child or mental health patient.

    Note that a court fee will be payable when sending your claim to the court.

    Important Notice In order to use this document you will need to have Adobe Acrobat Reader installed. The Adobe software is free and may be downloaded by clicking here.

  • Letter requesting judgment in default (accelerated possession procedure)
    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
    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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