How you can be evicted from a private tenancy without a court hearing if you're an assured shorthold tenant and have been served with a Section 21 notice.
What is the accelerated possession procedure?
Some private landlords can apply to a county court for a court order to evict tenants without the need for a court hearing. This quicker route to eviction is called the accelerated possession procedure.
The landlord cannot use the accelerated possession procedure to claim for any rent that is owed.
Your landlord can only use the accelerated possession procedure if you are an assured shorthold tenant and you were given a written tenancy agreement when you first moved in.
It can only be used if your landlord has served a valid Section 21 notice.
What your landlord has to do
To use the accelerated possession procedure, your landlord must apply to the court by completing possession claim form N5B and send it to the court with the evidence needed.
The evidence your landlord sends to the court must include copies of all the following:
- your original tenancy agreement
- your latest tenancy agreement if it is different to the original
- the Section 21 notice they gave you
Your landlord also has to pay a fee to the court.
What the court sends you
After the landlord applies to the court, the court sends you:
- a copy of the landlord's claim form and copies of documents
- a defence or reply form (Form N11B)
What might prevent the eviction
Reasons your landlord shouldn't be able to evict you could include if:
- the landlord failed to protect your deposit in a government-backed scheme
- the section 21 notice expired on the wrong date
- you live in a shared home that is classified as a house in multiple occupation that should be licensed by the council but isn't
Find out more about notices for private tenants.
How to defend the case or delay eviction
You only have 14 days to complete and return the defence form to the court.
Use the defence form to tell the court if:
- you disagree with anything that your landlord has set out on the claim form
- there is a reason why your landlord can't evict you
- you want to delay the eviction date
You can ask the court to delay the eviction, even if you don't want to defend the case. You can ask for a delay of no more than 42 days.
The court sets a date for a hearing, unless you say on the reply form that you are willing for the court to make a decision without a hearing.
The court considers the landlord's claim form, the evidence they provide and your defence form.
If the court decides a hearing is needed
The court sets a date for a hearing so you can go to court to argue your case.
Find out about going to court for eviction.
Last updated 05 May 2015 | © Shelter