After serving a Section 21 notice in England or Wales, if the tenant doesn’t leave, you apply to court. You generally have two routes:

• Accelerated Possession Procedure (Form N5B):
  • Use When: Only after a Section 21 notice, where the tenancy was an AST, notice correctly served, and you aren’t claiming rent arrears in this application.
  • Process: Primarily paper-based; a hearing is unlikely unless the paperwork is wrong or the tenant raises a significant defence.
  • Pros: Generally faster and simpler if straightforward.
  • Cons: Cannot claim rent arrears simultaneously (separate claim needed).
• Standard Possession Procedure (Form N5 & N119):
  • Use When: After a Section 8 notice, OR after Section 21 if you also want to claim rent arrears, OR if the case is complex/disputed.
  • Process: Usually involves a court hearing where a judge reviews evidence and hears from both sides.
  • Pros: Can address rent arrears and possession together. Necessary for Section 8.
  • Cons: Generally takes longer due to the hearing requirement.

Choose the route carefully. Ensure your initial S21 notice was flawless if aiming for the accelerated route.

Create An Eviction Notice