The updated Form N5B guidance for accelerated possession claims in England sets out who can still use the process and how a tenant's breathing space can affect a landlord's claim.
Key facts
- Who: Private registered providers of social housing and, in limited circumstances, private landlords in England
- From: Already in force
- Source: Make an accelerated claim for possession of a property located wholly in England: Form N5B
Form N5B is used to make an accelerated claim for possession of a property the claimant owns in England. The updated details state that the Renters' Rights Act 2025 may affect a claim.
In most cases, an accelerated claim can only be made by a private registered provider of social housing claiming possession of a social housing assured tenancy in England. Private or social landlords of a property in Wales must use the N5B Wales form instead.
Private landlords in England may still be able to make an accelerated claim in limited circumstances. There are two routes:
- The landlord served a valid section 8 or section 21 notice before 1 May 2026, the notice was still valid immediately before 1 May 2026, and the landlord made a possession claim before the notice expired or before 1 August 2026, whichever came first. That claim must not yet have concluded.
- The landlord served a valid section 8 notice for rent arrears before 1 May 2026, which was still valid immediately before that date, but could not continue the possession process before 1 August 2026 because the tenant went into a breathing space.
A breathing space gives someone temporary legal protection from creditors. It can be either a standard breathing space, which usually lasts up to 60 days, or a mental health crisis breathing space, which lasts for the duration of treatment plus 30 days. More information is in the debt respite scheme guidance.
The completed form is sent to the county court nearest to the property.
What this means for landlords
Landlords should not assume the accelerated route is open to them. For private landlords, it depends on when a notice was served, whether it was still valid immediately before 1 May 2026, when any claim was made, and whether a breathing space applied. Anyone unsure whether they can use the process should take legal advice on their individual circumstances.