Claim For Possession Of A Property: Updated Form N5B

Updated court form for landlords seeking possession of a property under the accelerated possession scheme; Form N5B (for properties in Wales, use N5B Wales)

Landlords seeking possession of their property following service of a Section 21 notice now face a more comprehensive checklist when completing Form N5B. The update implements the changes made to Section 21 of the Housing Act 1988 by the Deregulation Act 2015, which came into force on 1st October 2015.

The updates include requirements for:

• More information regarding the deposit, including details of any repayment;
• Details of any relevant notices in relation to the condition of the property to confirm that it is not a retaliatory eviction;
• Confirmation that, where necessary, the gas safety record has been provided;
• Confirmation that a valid energy performance certificate (EPC) has been given;
• Proof that the ‘How to Rent: the checklist for renting in England’ booklet has been provided to the tenant;
• A new document checklist for documents attached in support of the claim.

The tenant’s defence Form N11B has also been updated to reflect the changes and asks the tenant to confirm whether they agree with each of the requirements above and, if not, why they disagree.

Operative date

• Now

Recommendation

• Ensure all new claims use the updated Form N5B, even for tenancies granted before 1st October 2015