New N5B form issued for those seeking possession of a property

21/11/2017

Kate O'Brien

Kate O'Brien

Associate

This week, HM Court and Tribunal Service (HMCTS) have published an updated version of form N5B, the court form used by landlords seeking possession of a property under the accelerated possession scheme.

The revised N5B finally seeks to incorporate the changes made to s21 of the Housing Act 1988 by the Deregulation Act 2015 by making a number of additions to the Claim Form.

These additions include:

  • Asking the landlord to confirm that a valid energy performance certificate (EPC) has been given to the tenant and the date on which it was provided;
  • A requirement that, where necessary, a landlord provides proof that a gas safety certificate has been supplied to the tenant;
  • Asking the landlord to confirm whether they a private registered provider of social housing and, if not, seeking proof that the 'How to Rent: the checklist for renting in England' document has been provided to the tenant;
  • A new check that the landlord has not been served with ' a relevant notice' in relation to the condition of the property under s11, 12 or 40(7) of the Housing Act 2004 and asks for additional information where such a notice has been served; and
  • A new document checklist to confirm that all relevant documents have been duly attached to the Claim Form.                                                                          

The new claim form can be viewed here.

The Housing Management team at Bevan Brittan are running a Tenancy Enforcement Seminar on 30 November 2017 at our Bristol offices.  This will include a session on S21 notices and the new accelerated possession court form. Places can be booked via our online events page.

N5B Wales is the new amended form N5B to be used in respect of properties 'wholly located' in Wales.

The form should now be used in reference to all claims for possession made under the accelerated possession procedure. It is hoped that this form will speed up the process of securing a possession order as judges will be given all of the information they need to make a decision straight away, without having to go back to the landlord for any clarifications.

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