Government move to issue accelerated possession claims online

by Paul Shamplina

8:52 AM, 13th November 2014
About 4 years ago

Government move to issue accelerated possession claims online

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Government move to issue accelerated possession claims online

From today, the Government has launched a new service which enables landlords to start the process of evicting tenants using the Section 21 accelerated possession claims online. This was an idea which was first put forward by Landlord Action, as part of our role on a Government Think Tank to help speed up evictions. It is the first step towards making the service completely digital in the future.

We first presented to the DCLG (Department for Communities & Local Government), the idea of making Section 21 accelerated possessions easier for landlords to issue.  Many landlords, who did not have legal representation, were making mistakes in their applications to court, which then lead to subsequent delays.

It was suggested that accelerated Section 21 applications should be issued online, just like the Section 8 PCOL service (Possession Claim Online).  As a result, HMCTS (HM Courts & Tribunals Service) and MoJ (Minitry of Justice) Digital Services have worked together to improve the way an accelerated possession claim can be made, and for the first time, it is possible to complete the N5b form online, then print it out and post along with the tenancy agreement and fee. A system which should be much easier for landlords to understand.

We are always campaigning to make life easier for landlords, especially through the distressing time of trying to regain possession of a property.  We are pleased that the Government has listened to our initial ideas regarding making accelerated possession forms available online, as I really feel it will make a difference.

The new service is designed so that everyone can use it, with complex legal points explained in plain English and questions that are designed to gather information relevant to each landlord’s situation as well as check their eligibility for making such a claim.

Our solicitors are dealing with hundreds of claims for landlords seeking possession through Section 8 and Section 21 accelerated claims, where landlords don’t want the hassle of form filling or the risk of getting it wrong. This new online N5b form will go a long way in helping to prevent the most common mistakes landlords make, which often cause costly delays.  We also hope that landlords will be empowered by the knowledge that improvements are underway to make possessions quicker and easier in the future.possession claims online

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.



Comments

Mark Alexander

9:01 AM, 13th November 2014
About 4 years ago

Fantastic news and thank you on behalf of all landlords for being the catalyst of this change which is certainly a step in the right direction 🙂
.

Aide Woodcock

10:37 AM, 13th November 2014
About 4 years ago

FYI:
Information about the service can be found by following this link:
https://www.gov.uk/evicting-tenants/accelerated-possession

A direct link to the service can be found by following this link:
https://www.gov.uk/accelerated-possession-eviction

A survey to feedback your ideas on the form can be found by following this link:
https://s.userzoom.com/m/MSBDNjEwUzMg

Yvette Newbury

13:25 PM, 13th November 2014
About 4 years ago

Thanks again, Paul and all at Landlord Action, the best in the business!

Ian Ringrose

16:03 PM, 13th November 2014
About 4 years ago

Reading the web page, it says “you put the deposit in a deposit protection scheme if the tenancy started after April 2007”, does that mean the accelerated possession cannot be used if there was not a deposit, or if the deposit has been returned?

Romain Garcin

16:32 PM, 13th November 2014
About 4 years ago

Reply to the comment left by "Ian Ringrose" at "13/11/2014 - 16:03":

Hi Ian,

Accelerated possession can be used if no deposit was taken, as there is no obligation to take a deposit in the first place.

This new online which fills the N5B form for you actually asks whether a deposit was taken, as does the N5B form itself, and only then asks you to confirm that it was protected.

That's one criticism of the new gov.uk websites I've recently read, actually: They want to make things very simple for everyone to understand, but you cannot make things simpler than they actually are (and sometimes they are not simple) or you end up with misleading or plain wrong information.


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