There was some Friday afternoon goings on on possession claims after all. There are new accelerated possession claim forms on Gov.uk, added on 11 September 2020.
New claim form N5B (for England)
New defence form N11B (for England)
The N5B has been missing since 17 August! I don’t know why this has taken a month to resolve, (and people will have been using the old form in the meantime), but it is here now.
The previous N11B was wrong in all sorts of ways, so this is a welcome correction.
Does this affect wales ? Please
No.
Hi Giles – I just had a section 21 claim struck out on a review hearing. It was issued under form N5 and N119 – My understanding is there is no rule that a section 21 claim must be done under N5B accelerated – indeed the CPR says it may be used. The Judge struck out the claim on basis the claim form didn’t comply with CPR 55.13. I am certain he is wrong as it is open to start a claim on either an N5 (and have a hearing set down) or N5B – Is this correct? I issued it at the time there were issues as above with N5B. It is open to me to put in an application to set aside his order – chances of success?
Can’t comment. It may well depend on what was in your particulars of claim, for example.
If it was a decision without a hearing, then you had seven days from receipt to apply to set it aside.
Does an N5B have to be issued with N119? I can only see it accompanies N5 not B.
An N5B is for accelerated proceedings only.