Claim For Possession Of A Property: Updated Form N5B
Seeking Advice on Regaining Possession Post-Renters’ Rights Act Coming Into Effect?
This page refers to the position before 1 May 2026. The law has since changed. We act nationally and have assisted in hundreds of possession claims. Our team are well placed to assist with notices and claims, and in dealing with counterclaims and defended court proceedings issued after 1 May 2026. Click here to contact a member of our team to discuss the best approach to regaining possession of your property.
Form N5B, which was previously the key form for landlords using the accelerated possession procedure following service of a Section 21 notice, now has a much narrower role in England. This follows the coming into force of the first major phase of the Renters’ Rights Act 2025. You can read more about the Renters Rights Act here.
HMCTS has updated the N5B guidance to make clear that, as of 1 May 2026, a private landlord of property in England can only make an accelerated possession claim if they served a valid Section 21 notice before 1 May 2026.
The practical consequence is that most possession claims must now proceed by reference to one or more of the new or amended Section 8 grounds for possession. HMCTS has updated Form N5 for ordinary possession claims and that Form N5 must be used together with the relevant particulars of claim form, usually Form N119 for rented residential property.
Landlords and agents should check the date and basis of any possession notice before selecting the court form. For private rented property in England, if no valid Section 21 notice was served before 1 May 2026, the accelerated possession route will not usually be available and the claim should ordinarily proceed using Form N5 with the appropriate particulars of claim, typically Form N119. If a valid Section 21 notice was served before 1 May 2026, landlords should urgently check whether the claim can still be issued by 31 July 2026.
