Wales Accelerated Possession Procedure - Understanding the New Claim Form N5B

A new claim form, Form N5B Wales, has been published for possession of a property located wholly in Wales under the accelerated procedure.

What is the Accelerated Possession Procedure?

The accelerated possession procedure can be quicker for landlords to regain possession of their property without going through a lengthy court hearing. This procedure is only available under certain conditions, such as when a valid notice has been served and the claim relates to a standard occupation contract.

What are the conditions for using the accelerated possession procedure?

To use the accelerated procedure, the following conditions must be met:

1. The sole purpose of the claim is to recover possession of the dwelling, and no other claim is made.
2. The claim relates to an occupation contract which is a standard contract.
3. A prescribed notice was given to the contract-holder under sections 171, 173, 186, 192, or 194 of the 2016 Act (depending on the specific claim being brought).

What forms do you need?

To complete the accelerated possession claim, you will need the following forms:

1. Accelerated claim form for possession (Form N5B Wales)
2. N5BA Notes (notes for the claimant, which must be annexed to the form)

The N5B and N5BA forms are available from HM Courts & Tribunals Service.

You will also need your written statement of occupation contract, notice served, proof of service and various other documents such as deposit protection certificate and electrical and gas reports available.

Who can complete the forms?

Only the "landlord" or a qualified legal representative (such as a solicitor) can complete the forms, and an agent cannot complete court forms on behalf of a landlord client.

How to complete the form

The form has several sections to complete, including filling out the name and address details of both the claimant(s) and defendant(s), specifying the property location, and providing necessary documentation.

Subscribers of the Guild should follow the court form wizard to check that everything is in place to use the accelerated procedure. You'll then be directed to the relevant guidance page with step-by-step instructions on completing the form and the required attachments.

Final thoughts

Suppose you are a landlord in Wales seeking to regain possession of your property through the accelerated possession procedure. In that case, it is crucial to familiarise yourself with the new claim form and its requirements. Following the guidelines and ensuring that you meet the necessary criteria will help make the process smoother and more efficient.