How do I get possession of my property after serving a section 21 notice?

If you want to get your property back and your tenant owes you rent, use the possession claim online service.

If you want to get your property back and the tenant does not owe you rent (or you have decided to write off any rent arrears or you plan to claim the rent arrears separately through the small claims court), fill in the Claim form for possession of a property located wholly in England (accelerated procedure).

This article refers to the accelerated procedure only.

Guidance

*** Jungle Property is not registered with the Law Society so cannot undertake any reserved legal activity, and can only provide their clients with general guidance on procedures for obtaining possession of your property – for legal advice and expertise on court procedures always consult a solicitor ***

Process Overview

Briefly, the following will occur:

  • The landlord completes a claim form for possession
  • The landlord files a claim form with the court nearest to the property
  • Court issues form to tenant
  • The landlord receives a letter from the court stating form has been issued. This letter will contain a “tear-off slip”.
  • Tenant will have 14 days to reply with a defence (limited grounds, for example, notice defective)
  • If the tenant fails to reply within 14 days, the landlord tears off the slip from the letter and sends it to court. This asks the court to grant summary judgement of a possession order without a hearing.
  • The judge looks at all papers and (usually) grants a possession order requiring the tenant to vacate on or before 14 days from the order. The judge can call a hearing if they see something in the papers that could question an order for possession (for example, defective notice, the tenancy is not an assured shorthold etc.)
  • The landlord and tenant receive notification of the possession order, and the tenant must vacate.
  • Failure to vacate by the tenant by the date ordered allows the landlord to instigate court bailiff to remove tenants. (Landlord must not evict the tenant without bailiff)!

Completing the N5B Claim Form

  • Is the property you are claiming possession of located wholly or partly in England? – Yes
  • Enter the full name(s) of the Claimant(s) – Exact same as Name(s) of Landlord(s) from tenancy agreement
  • Enter the full name(s) of the Defendant(s) – Exact same as Name(s) of Tenant(s) from tenancy agreement
  • Name and address of the court – name and address of court nearest to the property you are seeking possession of  – use the court and tribunal service finder here
  • The Claimant is claiming possession of – Exact property address from tenancy agreement
  • 1 – Name(s) and address(es) of the Claimant(s) – Ensure they match the name(s) and address(es) given previously
  • 2 – Name(s) and address(es) of the Defendant(s) – Ensure they match the name(s) and address(es) given previously
  • 3 – Are you (the Claimant) asking for an order that the Defendant pay the costs of this claim? – Yes
  • 4 – The Claimant seeks an order that the Defendant give possession of – Same address as given previously
  • 5 – Is the property a Dwelling house or part of a Dwelling house? – Yes
  • 6 – On what date was the property let to the Defendant by way of a written tenancy agreement? – The from and including date for Initial Period of the Tenancy/Fixed Term of the Tenancy from the tenancy agreement for the tenant’s first tenancy at the property
  • 7 – The tenancy agreement is dated – The Date of this Agreement from the tenancy agreement for the tenant’s first tenancy at the property
  • 8 – Has any subsequent written tenancy agreement been entered into? – Details of any subsequent tenancies after the tenant’s first tenancy at the property
  • 9 – As applicable – typically for Jungle Property clients – Yes, No, No, No, No, No, No
  • 10a – How was the notice served? – Left at the property and sent through the post using Royal Mail Signed For® 1st Class
  • 10b – On what date was the notice served? – Date at bottom of page 2 of notice
  • 10c – Who served the notice? – As provided by agent
  • 10d – Who was the notice served on? – Enter the full name(s) of the Defendant(s)
  • 10e – After what date did the notice require the Defendant to leave the property? – Date in paragraph 2, page 1 of the notice
  • 11a – Is the property required to be licensed under Part 2 (Houses in Multiple Occupation) or Part 3 (Selective Licensing) of the Housing Act 2004? – As applicable – typically for Jungle Property clients – No
  • 11b – Is a decision outstanding as to licensing, or as to a temporary exemption notice? – As applicable – typically for Jungle Property clients – No
  • 12 – Was a Deposit paid in connection with the current tenancy or any prior tenancy of the property to which the Defendant was a party? – Yes
  • 13 – Has the Deposit been returned to the Defendant (or the person – if not the Defendant – who paid the Deposit)? – No
  • 14a – Has the Claimant given to the Defendant, and to anyone who paid the Deposit on behalf of the Defendant, the Prescribed Information? – Yes
  • 14b – On what date was the Prescribed Information given? – As provided by agent
  • 15 – Has the Claimant been served with a relevant notice in relation to the condition of the property or relevant common parts under s.11, s.12 or s.40(7) of the Housing Act 2004? – No
  • 16 – Was a valid energy performance certificate given, free of charge, to the Defendant? – Yes – As provided by agent
  • 17 – Is there any relevant gas fitting (including any gas appliance or installation pipework) installed in or serving the property? As applicable
  • 17a – Was a copy of a valid gas safety record provided to the Defendant before they went into occupation of the property? – Yes
  • 17b – Have gas safety records been provided to the Defendant covering all further gas safety inspections carried out during the period of the tenancy? – Yes – Dates of issue and Dates of service on the Defendant as provided by agent 1
  • 17c – If there is no relevant gas appliance in any room occupied by the Defendant, has the Claimant displayed in a prominent position in the premises throughout the tenancy a copy of the gas safety record with a statement endorsed on it that the Defendant is entitled to have their own copy of the gas safety record on request to the Claimant at an address specified in the statement? – No not applicable
  • 18 – Is the Claimant a private registered provider of social housing? – No
  • 18b – Has the Defendant been given a copy of the then current document ‘How to Rent: the checklist for renting in England’? – Yes
  • 18c – When was the document provided? – As provided by the agent
  • 18d – How was the document provided? – Hard copy
  • 19 – Has the Claimant required the Defendant (or any Guarantor or person acting on behalf of the Defendant) to make a ‘prohibited payment’ (as defined by section 3 of the Tenant Fees Act 2019 (‘the 2019 Act’)) contrary to s.1 of the 2019 Act? – No
  • 19b – Was a holding Deposit (as defined by paragraph 3(2) of Schedule 1 to the 2019 Act) paid to the Claimant on or after 1 June 2019 in relation to the tenancy? – As provided by agent
  • 19c – If the answer to 19a or 19b is Yes, has the prohibited payment and/or holding Deposit been repaid in full to the Defendant (or other person from whom the payment was received)? – No
  • 19d – If you answered ‘Yes’ to either 19a or 19b but the prohibited payment and/or holding Deposit has not been repaid in full to the Defendant (or other person from whom the payment was received), has the prohibited payment and/or holding Deposit (or, where part repayment has been made, the remainder thereof) been applied, with the consent of the Defendant (or other person from whom the payment was received) towards – i. payment of rent under the tenancy – No, ii. the payment of the Tenancy Deposit – Yes
  • 20 – If the Defendant seeks postponement of possession for up to 6 weeks on the grounds of exceptional hardship, is the Claimant content that the request be considered without a hearing? – Personal choice
  • 21 – The Claimant asks the court to order that the Defendant – Tick both delivers up possession of the property and pays the costs of this claim
  • Statement of truth – As Claimant sign, date and enter full name as appropriate.

 

1 Regulation 36 (3) (c) of The Gas Safety (Installation and Use) Regulations only requires landlords to retain gas safety records for a period of 2 years. Retaining records beyond this is potentially a breach of data protection rules so we may no longer hold copies of older gas safety records. Gas Safe engineers are only required by the Gas Safe Registration Policy to retain records of their work for 6 years. The court form asks for the dates of issue of all gas safety records. As long as a gas safety record is served on the tenant before the commencement of the original tenancy AND before the service of the Section 21 you are covered. If there is not enough room on the form use and reference an attachment.

Documents to attach

The accelerated possession procedure is dealt with on the paper so you will need to attach several documents to the claim form. Attach ALL applicable documents as directed by the Attachments section on page 20 of the form.

Mark each part as required by the checklist (for example, mark the tenancy part “A”, the how-to-rent guide “H”, and so on).

Number of copies

You will need the following:

  • One copy of “ALL” the documents and the claim form to retain for yourself
  • One copy of “ALL” the documents and the claim form for the court,
  • One copy of “ALL” the documents and the claim form for each named tenant on the tenancy agreement (which the court sends to the tenant(s))

The copies for the court and for the tenant(s) should be sent together to the court – there is no need for you to send anything direct to the tenant(s).

This is because even though the tenants are at the same address, the court will send one complete copy for each tenant.

Issuing the form

Post or take it to the nearest court that deals with housing possessions – use the court and tribunal service finder here

Send a cheque for £391.00 made payable to ‘HM Courts and Tribunals Service’ to the court with your completed form. If posting the form use Royal Mail Signed For® 1st Class

You should hear from the court within seven days. If you haven’t, you should call the court and ask for written confirmation that the claim form has been issued.

Requesting the order

Once you have received confirmation, a date will be provided when the tenant must reply. Once this date has passed, you must use the tear-off slip and send it back to the court without delay. The tenant can still respond until the judge has made the order; therefore, the longer you leave it, the longer the tenant has to defend the claim (on minimal grounds). In writing, the court will notify the landlord and tenant of the date that the tenant must leave.

Although many claims are dealt with without a hearing, the court will issue a hearing date to both parties if a hearing is deemed necessary by the court.

If the tenant fails to vacate

Should the tenant fail to give up possession by the date ordered, you need to apply to the court bailiff using Form N325: Request a warrant for possession of land, who will remove the tenants from your property. Form N325 must be sent to the court where the order was made along with a cheque for £121.00 made payable to HMCTS. More information on Form N325 can be found here.

The bailiffs must deliver notice of eviction to the premises at least 14 days before the eviction date.

YOU MUST NOT ATTEMPT TO REMOVE THE TENANTS YOURSELF!