New N5B: Claim form for possession of property (accelerated procedure) (assured shorthold tenancy).
HM Court and Tribunal Service (HMCTS) have published an updated version of form N5B – the claim form for accelerated possession proceedings after service of a section 21 notice. The new form takes into account all of the post 1 October 2015 changes to the validity of a section 21 notice. A copy of the form is available here
In summary the changes for the form in use in England are as follows:
- Paragraph 5 - the landlord is asked for more detail about service, i.e. to confirm how, when and by whom the s21 Notice of Seeking Possession was served.
- Paragraph 7 – the part concerning the deposit asks for fuller particulars
- Paragraph 8 –information about whether the Claimant has been served a relevant notice in relation to the condition of the property or common parts under s.11 or 12 or 40(7) Housing Act 2004
- Paragraph 9 – this asks the Landlord to confirm that a valid Energy Performance Certificate (“EPC”) has been given to the tenant and the date that the EPC was provided.
- Paragraph 10 – asks the Landlord to confirm that a gas safety certificate has been provided to the tenant and the date this was provided.
- Paragraph 11 - asks private landlords to confirm that they have provided a copy of the current guidance “How to Rent; the checklist for renting in England”.
Note that paragraphs 8-11 are not presently relevant for assured shorthold tenancies which commenced before 1 October 2015.
For specialist advice please contact us.