Davies and Partners specialist Property Dispute Resolution team advise that from today -1 December 2017, landlords seeking possession of their property let under an Assured Shorthold Tenancy will need to use the new claim forms. The new claim form to be used in England is called form N5B and in Wales IT is called the N5B Wales.
The new forms can be accessed on http://formfinder.hmctsformfinder.justice.gov.uk
If the old form is used on or after 1 December 2017 it is likely to be returned or, in the event it is filed, could result in refusal of a possession order.
The form has been amended to reflect the restrictions on the landlord serving a section 21 notice. These relate to tenancy deposit protection, provision of energy performance certificates, gas safety certificates and the checklist for renting handbook. Additional confirmation is now required concerning the certificates and information provided to tenants.
The accelerated possession procedure is the preferred option for many landlords as it is a prompt method for the recovery of property without the need for a court hearing. As the procedure is known for its speed, when compared standard possession proceedings, it is important the correct form, notices, certificates and information are employed to avoid delays or even the refusal of a possession order.
Should you require any assistance on the notice requirements or help completing an accelerated possession claim form, please get in touch with a member of the Property Dispute Resolution team. Please email PDR@daviesandpartners.com