Applying to court after serving a Section 21
Last reviewed 1 May 2024
Introduction
Once the notice period for a Section 21 notice has expired, most tenants will have moved out and you will be free to relet the property. In some cases the tenant will remains in the property though; in those cases your next step is likely to be applying to court for a possession order.
For most landlords this will mean applying to court under the accelerated possession procedure. The accelerated possession procedure is fairly straightforward and inexpensive and does not normally involve a court hearing. The court will make its decision by looking at the documents that the landlord and tenant provide to decide whether to grant/reject a possession order or to call a hearing if further investigation is warranted.
Renters’ Rights Bill
The Renters' Rights Bill is expected to come into force in summer 2025, making the most significant changes to the private rented sector in over 30 years.
Amongst other things, the Bill will -
• Abolish Section 21;
• Change the type of tenancy you can offer;
• Introduce a new Decent Homes Standard to the PRS;
• Change advertising practices; and
• Significantly strengthen local authority enforcement powers.
The advice and resources on this page will be outdated once the Bill comes into force. The NRLA is currently preparing a suite of replacement guides and documents to help you manage the transition smoothly.
For further information on the passage of the Bill and its details, please see our dedicated campaigns hub
Applying for possession
When can I apply for a possession order using accelerated possession?
Landlords can only use the accelerated possession procedure to gain a possession order when a valid Section 21 notice has been served. These notices are only available to assured shorthold tenancies.
If you do have an assured shorthold tenancy then you can apply for a possession order using accelerated possession if:
- all of your tenancy agreements are in writing and you still retain copies of all of necessary the documents; and
- you have served a valid Section 21 notice and that notice has expired.
You will need to fill out an N5B form if you wish to seek a possession order using the accelerated possession route. Please note there are two different N5B forms - one for England and one for Wales so it's important to use the right one.
Court fees set to increase from 1 May 2024
The Government has increase court fees by 10% from 1 May 2024.
For possession claims this means that fees will increase to -
- £391 for making a possession claim (was £355)
- £143 for applying for a warrant of possession (was £130)
The downloadable content on this page is exclusively available to members. This includes completion notes for both the N5B form to apply for possession and the N325 form if you need to apply for a bailiff to enforce the order.
