Applying to Court for Possession — Accelerated Procedure

An application for possession by the accelerated procedure is only available after service of a section 21 notice and is processed using the N5B claim form.

There are conditions to using the accelerated possession procedure, which are-

  • the tenancy and any agreement for the tenancy were entered into on or after 28 February 1997;
  • the only purpose of the claim is to recover possession of the property, and no other claim is made;
  • the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;
  • the tenancy fulfilled the conditions provided by section 19A of the 1988 Act;
  • all the tenancies under which the defendant has occupied the property—
    • were the subject of written agreements; or
    • arose under a statutory periodic tenancy.

If any of the above conditions are not met, the standard procedure must be used.

The claim is dealt with through an exchange of papers without a court hearing. The court will issue the claim to the tenant, who is then given 14 days to respond. The 14 days is from a designated date of service, which may be slightly later than the date the papers are received. The tenant is allowed to respond to the facts given in the claim. If there is any dispute about the facts, the court may decide to hold an oral hearing at short notice to make a finding of fact. If the facts are not disputed, and the claim is in order, the judge will decide to award possession, typically 14 days after the decision date. The date may be later if the tenant has established that they will suffer undue hardship. The date cannot be later than 42 days after the court decision.

A landlord association may be able to recommend solicitors who specialise in housing law and who can undertake this type of work for a fixed fee. Alternatively, the various landlord websites may guide the procedure. The forms issued by the court are reasonably easy to follow, and perhaps after one application has been drafted professionally, a landlord should be able to follow the guidance.

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