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Applying to Court for Possession – Accelerated Procedure

5.8 Applying to Court for Possession – Accelerated Procedure

An application for possession by the accelerated procedure is normally
processed using the N5B claim form.

The claim is dealt with through an exchange of papers without a court
hearing. The court will issue the claim to the tenant who is then given
14 days to provide a response. The 14 days is from a designated date of
service which may be slightly later than the date the papers are received.
The tenant is given the opportunity to respond to the facts given in the
claim. If there is any dispute about the facts the court may decide to
hold an oral hearing at short notice to make a finding of fact. If, however,
the facts are not disputed and the claim is in order the judge will make
a decision to award possession, normally 14 days after the date of the
decision. The date may be later if the tenant has been able to establish
that they will suffer undue hardship. The date can not be later than 42 days
after the decision was made.

A Landlords’ Association may be able to recommend solicitors who
specialise in housing law and who can undertake this type of work for
a fixed fee. Alternatively, the various landlords’ websites may provide
guidance on the procedure. The forms issued by the court are reasonably
easy to follow and perhaps after one application has been drafted
professionally, a landlord should be able to follow the guidance.