"The way LexisNexis dealt with us was receptive and not pushy. They took the time to get to know us and what we needed as a business."
Irwin Mitchell
Access all documents on Accelerated Possession Proceedings
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Drafting notes for claim form N5B Wales—accelerated possession proceedings These drafting notes are to be used to complete claim form N5B Wales where a private landlord of a residential property (dwelling) situated in Wales has served notice to terminate a standard occupation contract and intends to recover possession using the accelerated possession process. For further guidance on occupation contracts granted under the Renting Homes (Wales) Act 2016 (RH(W)A 2016), see Practice Notes: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession and Renting Homes (Wales) Act 2016—a summary of the key provisions. How to use these drafting notes Form N5B Wales should be used to make a claim for possession of a residential property in Wales let on a standard occupation contract using the accelerated possession procedure. These drafting notes are for use in completing Form N5B Wales only. For details of the standard possession procedure in respect of a dwelling in Wales, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession —...
CPR Committee open meeting 11 May 2018—questions and answers [Archived] ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Answers to the questions raised were given by the following: • Mr Justice Coulson—The Deputy Head of Civil Justice • Mr Justice Birss—Senior Court Judge • Mr Justice Kerr—Senior Court Judge • District Judge Hovington—Northern Circuit • District Judge Lethem—South Eastern Circuit • Mr John Dagnall—Barrister at Maitland Chambers A copy of the Questions and Answers subsequently approved by the CPR Committee (CPRC) can also be found here: CPR Committee agenda Question Answer How do the secretariat and the chair determine the agenda of the CPRC and the topics upon which it consults? Answer given by Mr Justice CoulsonThe...
Discover our 4 Practice Notes on Accelerated Possession Proceedings
Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...
Drafting notes for defence to s 21 accelerated possession procedure Introduction The defence to a possession claim using the accelerated possession procedure in respect of a property let on an assured shorthold tenancy (AST) situated wholly or partly in England is made using: N11B—Defence form—(accelerated possession procedure) (assured shorthold tenancy) where the property is located wholly or partly in England. These drafting notes are for use for completing Form N11B England only. For guidance on the s 21 procedure and the accelerated possession procedure, see Practice Note: Assured and assured shorthold tenancies—terminating. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. Relevant precedents For other relevant precedents, see: Drafting notes for claim form in s 21 notice accelerated possession proceedings. General points These...
Dive into our 2 Precedents related to Accelerated Possession Proceedings
Can a landlord of a periodic assured shorthold tenancy (AST) rely on the discretionary ground 14 (nuisance) in a notice pursuant to section 8 of the Housing Act 1988 to obtain possession, where the AST does not contain any grounds for possession? This Q&A assumes that the property is in England and the landlord is a private landlord, not a social housing provider. In normal times, the simplest way to seek possession of an assured shorthold tenancy, the fixed term of which has expired (or is about to do so), is by serving a section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) and the use of accelerated possession proceedings. However, under the Coronavirus Act 2020 and related regulations, from 29 August 2020, the notice required to be given in a section 21 notice is six months, so some alternative mechanisms may be more attractive (see Practice Note: Coronavirus (COVID-19)—implications for property [Archived], in particular section ‘Residential tenancies—extended notice periods’). HA 1988, Sch 2, Pt I contains...
A section 21 notice was served in December 2023 and specified a termination date for February 2023 (ie a date which had already passed), rather than February 2024. The cover letter contained the correct date. Will a section 21 notice containing this type of obvious error as to the termination date be valid in accelerated possession proceedings? In Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd , a break clause was exercised but giving the last date as the date before the true date on which the break was exercisable. The House of Lords held that the construction of the notices had to be approached objectively, and the question was how a reasonable recipient would have understood them, bearing in mind their context; that the purpose of the notices was to inform the landlord of the tenant's decision to determine the leases in accordance with the break clauses; that a reasonable recipient with knowledge of the terms of the leases and of the third anniversary date would...
See the 16 Q&As about Accelerated Possession Proceedings
This week's edition of Property Disputes weekly highlights includes: High Court decisions on an interim injunction to prohibit unlawful interference concerning the HS2 railway, the receipt of monies pursuant to a settlement agreement, and wording of a reservation contained in land conveyances. It also includes publication of the Leasehold and Freehold Reform Act 2024.
This week's edition of Property Disputes weekly highlights includes: updated Department for Levelling Up, Housing and Communities guidance on the Building Safety Act 2022 relating to lease extensions, new draft Home Office Codes of Practice on civil penalty schemes for employers and landlords, further analysis of the impact of a Court of Appeal decision on historic defect claims by developers under the Defective Premises Act 1972, a First-tier Tribunal decision on residential service charge consultation and building safety, and new regulations under the Electronic Communications Code. It also covers analysis of a Court of Appeal decision on succession to a secure tenancy, and a Scottish decision in which a landlord was unsuccessful in its claim to remove a tenant on the basis of breach because the tenant was not obliged to repair the fences.
Read the latest 13 News articles on Accelerated Possession Proceedings
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234