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What is an Accelerated Possession Claim?

An accelerated possession claim is an application for the landlord to regain possession of the residential property under section 21 notice. The process used to do this through the county court is known as the accelerated possession claim.

Accelerated Possession claim can only be used for an assured shorthold tenancy agreement. The accelerated possession procedure is used when the tenancy is periodic.

When the section 21 notice expires, the fixed-term tenancy will also have expired.

It is crucial to ensure the notice period on the Section 21 Notice is the correct one. The incorrect notice period is a common reason for the claim to fail.

It is also worth noting. The section 21 notice for England and Wales for England are NOT the same. For England, you must use the section 21 notice Form 6A.

For Wales, you can no longer use a section 21 Notice. 

This process can only be used where the tenancy is in writing and the landlord has a copy(s) of the tenancy agreement.

The accelerated possession route cannot be used if the landlord does not have all the applicable tenancy agreement(s).

If the tenancy agreement has been lost or oral, a fixed-date eviction claim should be issued, not the Accelerated possession claim route.

The Accelerated possession process can only be used if you have an assured shorthold tenancy. It cannot be used for “Assured” tenancies.

Even if you use a solicitor, you will rarely recover all your legal costs from the tenant. Courts usually only award fixed costs.

What court forms do I need for an Accelerated possession claim?

You must use the correct claim form for possession proceedings under the Accelerated route. If the property is in England, you will require the latest version of form N5B (Accelerated possession claim).

You must use the N5B claim form for England if the property is in England. The Accelerated possession procedure is not applicable for tenancies in Scotland.

The N5B form is complicated, and it is not easy to complete correctly. County court staff are unable to assist you in completing the form.

If your claim fails, you cannot complain to the court because a staff member at the county court advised you incorrectly.

For this reason, court staff or landlord associations will not advise how to complete the N5B form.

Shorthold tenancies now have many obligations on the landlords, which they must comply with. Failure to do so will mean a section 21 notice may be deemed invalid, and a claim to regain your property through the county court will fail.

You will need all the following documents as well as any documents referred to in the correct N5B for:

• All the tenancies
• Valid section 21 notice
• Deposit certificate if a deposit was taken deposit
• Gas safety certificate
• License to le the property if applicable
• HMO license, if applicable
• The correct version of the “How to rent guide booklet.”
• EPC

You will need a certificate of service (Form) for each document stating when, how, and by whom it was given to the renter.

Suppose some of the documents were given to the renter simultaneously. In that case, you could use one certificate and list all the documents by the same person.

What documents do I need for an accelerated possession claim?

You will need all the documents associated with the tenancy, including all the tenancy agreements, especially the very first tenancy and the latest periodic tenancy. You must ensure you have all the documents in the list above.

How long does it take to get possession using the accelerated route?

One of the leading tenant eviction companies, data from Landlord Advice UK, reveals the average time to receive a possession order is 5 to 6 weeks.

Can I claim rent arrears under the accelerated claim?

No, you cannot claim rent arrears under the accelerated possession process. The Accelerated route is a no-fault claim, and you can only claim possession using this process.

How much does an accelerated possession claim cost?

A private landlord should not attempt to claim themselves as the accelerated procedure claim is complicated.

The court fee is £355; however, this may change, and you should check the application fee when you intend to issue the claim.

What can go wrong with using the accelerated possession claim?

If the claim is defended, the court will send you the tenant’s defence form. The tenant can defend the claim, or the judge may refuse eviction due to a faulty claim.

Alternatively, the judge may list the matter for a management directions hearing. This means the county court will list the case for a possession hearing, and the management hearing is to discuss how to progress the claim.

It is a prevalent defence for the tenant to say they did not receive the section 21 notice. Handing the notice to the tenant or putting it through the letterbox is one of the ultimate ways to serve the notice.

Should the tenant defend by stating that the notice was not given, you can be called to give evidence of your own accord about how and when the notice was served.

A common reason for a judge to refuse to grant an eviction order is:

a faulty section 21 notice.

Deposit not protected or protected late.

Proof of service for a document has not been provided

The Break Clause has been invoked incorrectly

Retaliatory eviction defence erected

Insufficient gas safety record

County Court Practice direction 55C has not been followed

Coronavirus Pandemic guidelines for the possession claim not adhered to

Arrears of rent have been claimed using the wrong claim N5B form

A common reason for a section 21 notice to be deemed faulty are:

Wrong notice

old notice version

Incorrect date

If a landlord fails to follow various obligations, it can make a Section 21 notice invalid.

The complete list of things you must provide when submitting a claim is on our webpage. Notice checker.

How much is the county court fee for an accelerated claim?

As discussed above, the court fee is £355 as of March 14th 2021. However, you should re-check the applicable fee when you issue the claim. The cheque needs to be made payable to “HMCTS”.

Courts do not accept third-party cheques. They usually return possession claims when the cheque is made from a third party.

Once an eviction order has been issued and the tenant has not given you vacant possession of your property, you will need a county court or high court bailiff to evict the tenant.

Sometimes, the tenant cannot move out, as the council may insist. They stay put until the landlord issues a bailiff letter. The council will not help the tenant with their housing needs until a bailiff letter has been issued.

Can a tenant defend a possession claim under section 21?

Yes, a tenant can file a defence under the accelerated route. If the defence is successful, you may need to pay the tenant’s lawyer fees, which are £800 to £2000.

My tenant is defending my accelerated possession claim; what can I do?

You must obtain legal advice if your claim for possession is defended. There is no point in trying to defend any claim if the claim is fundamentally legally flawed.

Usually, you would not have a hearing; however, if the matter is defended or a judge is unhappy with any aspect of your claim. The case will be listed for a court hearing.

If this happens, you should seek free legal expert advice.

What is the deposit prescribed information?

When a tenant pays a deposit to a landlord or a letting agent, the deposit by law must be protected within 30 days of taking the deposit. The tenant must be given the deposit certificate and the information on the deposit prescribed.

The prescribed information is the deposit information, which sets out how the tenant can claim the deposit.

The Deposit protection scheme must be fully followed. Failure to provide the deposit certificate or the tenant’s prescribed information will invalidate a section 21 notice.

The main reason for the claim failures is the non-compliance of the tenancy deposits legislation.

Appropriate action must be taken to remedy the failure to comply with the tenancy deposit scheme regulation. This should be done before taking legal action or serving a Section 21 notice.

What is a demotion tenancy?

The claim form N5B refers to a Demotion tenancy. This is one element of the N5B that many lawyers and landlords ask about. What is a demotion tenancy?

Regarding the demoted tenancy, this section only applies to Local authorities or social landlords.

Where a local authority may have issued an “Assured” tenancy, and the tenant has misbehaved, the council can demote the tenancy from an “Assured” tenancy to an “Assured shorthold” tenancy.

The claim process is complicated unless you know the CPR and PD for possessions. We strongly recommend you do not attempt to make the claim yourself.

This blog is for reference only and does not constitute legal advice directly or indirectly.

Seek legal advice before serving a section 21 notice to ensure you fully comply with your legal obligations.

You can use Landlord Advice UK, one of the leading tenant eviction companies covering England & Wales. Email: [email protected]

Website: landlordadvice.co.uk

The British Landlords Association is a free national landlords association for UK landlords, why not join us.

Author: Sarah Featherstone [email protected]

Date: 1st of January 2024

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