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.
