Section 21 Notice - Court Application N5b England COURT fee now £415********

This only applies to you if you issued your Section 21 before 1st May 2026 - 

Follow the PIMS step by step guide below - Then email your completed N5B, S21 and Deposit Certificates to PIMS and we will check it for you - then you can remedy any errors before you submit to court - email address below. Using our FREE Checking service means you avoid your application being rejected. If anything is unclear or invalid, a hearing may be called or your application be struck out

Step ONE


NOTE Court Fee now increased to £415 from 13 th July  2026

NEW APPLICATION FORM MAY 26 IMPORTANT N5B court application was update by the court late MAY 2026  - so any new application after this date use new form court N5B 

  • Follow Step by Step Guide Below

  • Have your evidence ready marked A to H as below. Evidence A - H

A- First Tenancy Agreement
A1, A2, A3 - Any subsequent Tenancy Agreements
B - Section 21 Notice
B1 - Proof of Service of the Section 21 Notice
C - Property Licence or D Pending licence
E - Deposit Certificate
F - EPC Certificate
G, G1, G2 etc - GAS CERTIFICATE(S)
H -HOW TO RENT GUIDE

  • PIMS Members' Checking Service is FREE to members we make sure the courts don't reject your application and we pre-empts the Tenant defence. So follow the guide below check and double check ONLY then email us, and we shall approve (as part of your membership) CALL 0800 999 7467.


We are now playing a waiting game!


11 09 2024 - The use of a Section 21 Notice could be blocked in the near future - The legislation is progressing through the courts .

If I have already issued a Section 21 Notice, can I be prevented from relying on it to apply to court? One would argue because issued before the law changed you should be OK (but ensure you have impeccable proof of service, so you avoid a defence "denying it was received"
If I have already applied to court can my application be stopped? Whilst the government could introduce emergency Legislation (Prevention of Homelessness) to change court procedures the government should adhere to Civil Procedure Act 1997 This is the law that changes court process and connected purposes (So PIMS believes not)


PAGE 1 of 20 - THE PARTIES - THE BASICS

Is property in England - tick YES


Question
Help Info
on compliance
Judge checks

 
PAGE - 1 Top right Name of court
 
This is the County Court that covers the rental property.
Leave claim No Blank only compete Fee Account No where applies (if account holder etc)
Use google or court finder.

- You require the county court where the rental property located
If the claimant starts in the wrong county court, the judge will order that the claim:
Be transferred to the county court in which it ought to have been started; or be struck out (CPR 30.2(3)).
 
 
 
The Claimants Name and Address

If the owner a company (they are the Landlord and only a Director signs)


The Judge will be looking for consistency of names on paperwork - so check your evidence is clearly labelled like the column to the right

If so label the attached evidence with a coloured highlighter pen(A, B, C)
Full name and address including postcode. The Landlord (Property owner, person(s) on the deeds (or if leased then a Rent to Rent), or Director of Company) - Joint Owners name them in First, Second & Third Claimant

Only the Landlord(s) or their Solicitor can sign this form . - The Letting Agent nor Management Agent are NOT permitted to apply to court.

PIMS Agent Members - we can check your landlord application for you. Therefore, you are helping them and ensuring your working processes are correct
This cannot be the Letting nor Managing Agent. If so, would be an invalid application and struck out.

Where change of ownership Court seeks that new landlord been in situ no less than 6 months. Also, S48 and maybe licence. You need to check compliance and Tenancy, Deposits etc reflect new Landlord compliance (this relates to continuity and acquiring obligations)
verifies checks evidence

A
A1
A2

B & B1

C
D
E
 
 
The Defendants Name and Address
The Tenants’ full name(s) (including title)
Should be FULL GIVEN names of persons named on the Tenancy Agreement. Even where persons have left - unless you have documented surrender, they should always be named otherwise maybe invalid for they maliciously claim they are still a tenant - where is your proof
A
B
E


Claiming possession of -
the rental address (including postcode).
 
 
 
 
The Court Fee, legal NIL total £415 is simplest
insert £415 cheque made payable to the ‘HM Courts & Tribunals Service’.
Some courts let you pay by card but this causes delays often the admin system results in errors, so we recommend by cheque
 
 
 
Court Admin ONLY

Issue Date
Claim Number
Fee Account & HWF
You must send or deliver the defence form so that it arrives at court by


Leave Blank these are court admin boxes
 
 
 

 

PAGE 2 of 20 - Claimant and defendant details

 

Part
Question
Help Info
Guidance and Penalties noncompliance
Mark
Evidence
 
Q1-


Claimants and



This means all joint Landlords to be named - or where company (or Rent to Rent) a Director





 This comes down to legal compliance - names on Deeds should be the names on legal documents (Tenancy). The courts do not ask for a copy of the Deeds; but the courts can only return control to person(s) with vested rights


If Rent to Rent then the lease gives you the right to be Claimant under vested rights by way of the agreement

So if joint Landlords - your Section 21 should be ticked accordingly - so don't mix and match. The claim form says one claimant yet you've ticked S21 Joint Landlord a hearing may be called or your application be struck out









check
B
 
Q2 Defendants (named parties) All name Tenants (legal given names we can consider adding person unknown in certain circumstances - but call if applies This come down to legal compliance - names on ID should be the names on legal documents - this should be identified at the right to rent checks stage or the Tenant Credit Check



 
 
 
 

Defendants address for service

This is the rental address - Unless you know they would not receive court papers(example Tenant in Prison, Sectioned, emergency accommodation etc)
 You cannot deprive a person of the right to file a defence, hence if not otherwise available at the address then the courts need to know this information, call PIMS


 
Q3

Are you claiming costs?


 Always tick YES for then we can always waive our rights late (A Gambit)
 See our comments on Q20 on page 18 - it really is a silly question

Q4
Seeking possession of - This is the rental address, as per the Tenancy agreement. Example Room 1, 34 Smith Street
 If the property of which you seek possession is part of a building identify
the part e.g. Flat 3, Rooms 6 and 7

 Ultimately you are seeking forfeiture of something and the Bailiff MUST know what the entity is. So, name rooms on your tenancies
 
 
Q5 Is the property a dwelling house or part of a dwelling house? Always YES
 Cannot be a NO

 

PAGE 6 - ABOUT THE TENACY AGREEMENT

Part
Question
Help Info
Guidance and Penalties noncompliance
Mark
Evidence
 
Q6-7
On what date was the property let to the Defendant by way of a
written tenancy agreement?



This means the FIRST AGREEMENT on which ANY of the Tenants where named



 The courts are checking you protected a deposit within 30 days of first receiving and you were eligible to let the property EPC licence etc

Section 21 Change of Ownership from first Tenancy - Where you purchase, inherit or Transfer a property
A
 
Q8
 MEANS ANY RENEWALS MUST BE DOCUMENTATED Even if the tenant did not sign the Renewal - it is likely to be viewed as a valid tenancy. But call if you used an insurance deposit scheme for enclosing this agreement could be an issue. Remember Tenants sign first then you sign - never sign first
The courts are checking you have not demoted the Tenants rights since from when they became your tenant. And at renewal you had to issue new How to rent, EPC, complied with deposit law. These disclosures are designed to trip you up. Example renewed AST and did not purchase Deposit Insurance a problem - if held in custodial scheme no such problem check
A1
A2 etc
 
Q9a
 
 

Was the first tenancy and any agreement for it made on or after
28 February 1997?
Always answer yes

THEN 9B - 9G must all be NO

If you answer YES to any of these below you are saying you don't have the right to issue the Section 21 notice.
If Tenancy started before 1997 then call for we are looking at different laws

This question here is legal incorrect - for many of the questions apply to Tenancies before 1997 - But play the game at the game and just answer 9B to 9G no

 

PAGE 8 of 20 - ABOUT THE NOTICE SERVED

Part
Question
Help Info
Guidance and Penalties noncompliance

Q10
10A
A notice in writing (under s.21 of the Housing Act 1988), saying
that possession of the property was required, was served upon the
Defendant(s).

This form is also known as a 6A
We are looking for HIGH STANDARDS and a meaningful description - The Notice was hand delivered to the property by Mr Bob Smith (THE LANDLORD) and the Tenants signed they receive it see evidence B1

If you are invoking a break clause -
 Should the Tenant say - they did not receive the notice - what is your proof- why don't you video on your phone with that days Newspaper and a witness who can also complete a court form N215.

Be careful - Service Email by Email - a big NO NO - but an identical copy may be emailed of something that was physically served (this is called the Evidence Act and we have case rulings on this issue) don't take the risk as email the primary evidence. Some Judges Yes, Many No

B
Q10b
 
 On what date was the notice served?
The legal tests are.
can only be served after month 4 commencement of Tenure.
Is only valid if court receive application before month 6 from when you signed the S21.

If you are invoking a break clause -
 A S21 can only be relied upon if you have adhered to ALL the rules below - If in doubt call us

COMPIANCE TESTS - Deposit, EPC, gas, Electric, HMO, Licence NO HHSRS Notice
B
Q10c
 Who served the notice?
 This should marry with the signature on the S21 and specified Landlord, Joint, Agent I am looking for Bob Smith (THE LANDLORD, JOINT LANDLORD, OR AGENT)

  • Proof of service of Section 21 notice (marked B1) If tenant signed the section 21 Notice, enclose a piece of paper marked "B1" and state tenant signed for receipt section 21 see "B". If witnessed enclosed Witness of Service of Document marked B1. If proof of postage marked B1
    If the Section 21 notice was not served by the landlord or was served by the agent, then County Court Form N215 and mark Evidence B1 certificate of Service completed and signed by whoever did. Marked B1.



 check
B1
Q10D Who was the notice served on? Betty Boo - the Tenant
All named person on the tenancy agreement - if unsure call

Q10E
 After what date did the notice require the Defendant to leave the
property?
 Date - what we are checking
Notice no less than 2 months and allow for serving days - so ultimate safety 2 months plus 5 days (example Friday hand delivered after 4.30 pm is deemed served on a Monday, If Monday a Bank Holiday, then it is Tuesday in Law)
 you cannot apply to court until after this date

Add on extra days - This is called provision of service (or wiggle room). Never get caught on these silly rules. Post days, Bank Holidays
 check
B
Q10E
 BELOW THE QUESTION
it says - You must attach a copy of that notice and mark it ‘B’. You can
also include any proof of service marked ‘B1’.
 When you apply to court th3 tenant is sent a defence form - they say never got the Notice.

Question 4 - Did you receive the notice (a copy of which is attached to the claim form and marked ‘B’) and, if so, when?

Tenant Defence form.		 The Tenant files a defence they did not get the notice. So, you need proof - video, tenant signs or where third part serves, they complete a form witness form N215 or comparable

See what the Tenant will receive. You MUST have evidence if you want a certain outcome

Tenant Defence form.


 check
B1


PAGE 8 to 13 (0f 20) - this section checks if you are eligible to apply to court.

Change of Ownership from first Tenancy - Where you purchase, inherit or Transfer a property additional rules apply.


WARNING The next section is about - if you failed to do something correctly your section 21 and court application will be null and void


Q
Question
Help Info
Guidance and Penalties noncompliance

Q11a &b
Is the property required to be licensed under Part 2 (Houses in
Multiple Occupation) or Part 3 (Selective Licensing) of the Housing
Act 2004?

 Basically - depending where your rental property is located - you may need a licence to rent in that area. If 5 or more persons comprising 2 or more households HMO also applies)

Some areas require a licence to rent anything in their area - this is decided by each council and called selectiive licencing.

If you should have a licence and do not, nor an application for such- YOU CANNOT ISSUE a CS21 for it would be invalid

HMO, shared house room lets or licensable - If a HMO property or Licensable under Selective licensing proof of Licence will be required. - If the property is or needs to be licensed such as an HMO under part 2 or 3 of the Housing Act 2004, then a copy of the licence (or proof that an application for such licence has been lodged) (marked C or D).
C or D
Q12
 
 Was a deposit paid in connection with the current tenancy or any
prior tenancy of the property to which the Defendant was a party
If you took a deposit and failed to protect within 30 days - or purchase deposit insurance renewal - would be invalid
 Check your deposit certificates - do the dates tally is the protection still valid - if unsure call- late deposit protection is INVALID APPLICATION

RULES APPLY WHERE - Change of Ownership from first Tenancy - Where you purchase, inherit or Transfer a property
check date protected
E
Q13
 Has the deposit been returned to the Defendant (or the person –
if not the Defendant – who paid the deposit)
 Basically, if you failed to comply with 12 then No S21 can be issued until after date given here Q13. So any previous S21 is invalid The law is called prevention of service of a Section 21 notice - So if you breeched the rules return the deposit (this includes deduction with agreement of the Tenant) only then issue a S21. But if applies call for there are other considerations
Q14
 Has the Claimant given to the Defendant, and to anyone who paid
the deposit on behalf of the Defendant, the prescribed information
 where a deposit taken - the deposit MUST be protected and prescribed information and scheme leaflets provided within 30 days of deposit being received - if NOT 13 above applies
 The law is called prevention of service of a Section 21 notice - until after breech remedied- this breech cannot be remedied so deposit MUST be returned or deductions with consent.

Q14B
 On what date was the prescribed information given?
 Date - what we are checking within 30 days of deposit being received
as above- they don't ask for prescribed information evidence only Deposit Certificate.
check
E
Q15
 Has the Claimant been served with a relevant notice in relation to
the condition of the property or relevant common parts under s.11,
s.12 or s.40(7) of the Housing Act 2004
MUST ALWAYS BE NO - then ignore and proceed to Question 16

 
 if YES then call us - for we need to check prevention of service of a Section 21 does not apply - basically an embargo on you issuing a Section 21 Notice under HHSRS
Q16
Was a valid energy performance certificate given, free of charge, to
the Defendant?		 MUST NOW BE EPC no less than an E

WARNING 22 May 2025 INVALID SECTION 21

Several courts are striking out possession applications because the latest how to rent guide had not been issued when the tenancy became a periodic tenancy - so reissue How to rent guide and EPC before you issue the S21 - The case law is Superstrike Vs Rodrigues


 check you have a current and valid EPC before you issue S21 - see google EPC Register for your EPC
 check
F
Q17&a Is there any relevant gas fitting (including any gas appliance or
installation pipework) installed in or serving the property?
 Questions not current with case law - what we are looking for is a valid Gas Safety when you issued the S21

Gas Safety Law - If no Gas Safety Cert at commencement of Tenure you ARE NOW blocked from evicting the Tenant- a problem click here
 No Valid Gas safety before serve S21 then invalid - but call for we have defence against this - sadly only apply in certain cases pre Reregulation Bill.

Landlords name and address MUST be on the Gas Safety Certs. Otherwise Invalid- CALL PIMS
 G,
G1,
G2,
Q17C ANSWER IF HMO ONLY


 ONLY if an HMO then answer YES if NOT an HMO leave blank for does not apply to your application
 in HMO you MUST display gas safety in communal areas. HMO can also apply on buildings converted pre 1991 building reg. If you say no, you are saying you did not display - therefore invalid the S21


Q18. Is the Claimant a private registered provider of social housing

  • Always answer NO and go to 18b so 18a is blank for does not apply to private landlords


PAGE 14 - HOW To RENT GUIDE

WARNING 22 May 2025 INVALID SECTION 21

Several courts are striking out possession applications because the latest how to rent guide had not been issued when the tenancy became a periodic tenancy - so reissue How to rent guide and EPC before you issue the S21 - The case law is Superstrike Vs Rodrigues

Part
Question
Help Info
Guidance and Penalties noncompliance

Q18b
Q18c
As the Defendant been given a copy of the then current document
‘How to Rent: the checklist for renting in England’?


PIMS Recommends - providing the tenant with the most recent copy of how to rent guide before issuing the s21 (at least three days before) Call your pims helpline
 Answer MUST always be a YES - and you MUST have a copy- but if needs be you can issue the most recent guide a day before you issue the S21 - perfectly legal

 Unless you have issued a How to rent Guide - No section 21 may be relied upon. We even have the old How to Rent Guides for you

PIMS Recommends - providing the tenant with the most recent copy of how to rent guide before issuing the s21 (at least three days before) Call your pims helpline
H
Q18d
 
 How was the document provided?
Hard copy
Email, by prior agreement with the Defendant
tick accordingly. But note by email - by prior agreement with the Defendant
 The PIMS Tenancy Agreement has a box the Tenants sign to permit documents by email
 

PAGE 14 & 15 - ARE ABOUT tenant fees ban compliance.

WARNING What we are looking for here - if you took a holding fee (no more than one weeks rent allowed) - such monies were used with permission against the rent or deposit ) Also you are restricted in what you can charge a tenant so if you have charged a NOT permitted fee (example admin fee, late rent letter fees) you cannot issue a Section 21 Notice until you have remedied/returned monies

  • If you answered YES to 19a or 19b then applies. If answer No to both then don't complete
  • The Questions are very poor - so read double check, many make errors on this section or call us. If you fail to comply with permitted fees or holding deposit compliance the S21 and application are invalid


PAGE 16 - YOUR LEGAL REQUEST

WARNING Basically when you issued the last most recent tenancy (even a renewal) you were obliged to provide a copy of the then valid copy of the How to Rent Guide. Not sure call

Part
Question
Help Info
Guidance and Penalties noncompliance
Q20
If the Defendant seeks postponement of possession for up to
6 weeks on the grounds of exceptional hardship, is the Claimant
content that the request be considered without a hearing?

 Answer should always be a YES -

You should not answer NO - otherwise a mistake

All the Tenant has to do is answer Q21 on the


Are you asking the court, if it makes a possession order, to allow
you longer than 14 days to leave the property because you would suffer exceptional hardship.

They would be guaranteed a hearing and this delays the process

If you answer NO and the tenant says I need more time then the Judge MUST call a hearing and it could take 3 months for a hearing date - Sadly the Judge can grant no more than 42 days from the day they read your application - or the Hearing date. So little point answering NO and waiting three months for the Judge to then give 42 days from the hearing date

Q21
 
 The Claimant asks the court to order that the Defendant
delivers up possession of the property
pays the costs of this claim
When printed tick YES to both
 On Page 5 Question 3 the court have already been asked do you want costs and answered YES. Why are you completing this Form because you have to apply for possession - so a really silly question. Oh no I'm completing this form and paying the courts £415 because I don't want my property back
 


Statement of Truth

This very strict - Only the Landlord or their legal representative can apply to court. So the tests

  • You own it or Joint Landlord you both sign (the Claimants)
  • The property is owned by a COMPANY - Then ONLY a Director you must specifying Director - this is in accordance with Companies Act
  • Power of Attorney - or Executor - Then you can sign if within the scope of your powers
  • Rent to Rent - You have the vested rights and really this should be a lease in the company's name (but an individual could also have such rights - refer lease)
  • The law is explicit - Only the Landlord or their Legal representative the Letting nor Management Agent are NOT permitted to apply to court

Remember In accordance with the above

You are completing in first person

So I believe TICK
Sign then TICK Claimant
Then Date
FULL NAMES

WHERE PROPERTIES OWN BY COMPANY OR RENT TO RENT - If signing on behalf of firm or company, give position or office held

Example

Signed                  Mr Bob Smith

Position                Director of Wigwam Properties Limited (The Landlord)



OTHERS PAGE 18 & 19


Claimant’s or claimant’s legal representative’s address to which documents should be sent, if different from that on pages 2 and 3.
  • This should always be blank UNLESS address different than page 2 and 3
  • Certificate of service page 19 (completed on court copy only) SO BLANK

PAGE 20 - YOUR EVIDENCE Attachments

NUMBER OF COPIES OF EVIDENCE - Whilst the courts are silent on this the actual rule is
  • A copy of everything, Evidence and N5B per each claimant, per each defendant and a copy for the courts. Minimum would be 3. You must complete and send all copies along with your court application to the court where the rental property is located see court finder. - (NEVER send originals to the court and mark clearly ALL sets as below)
Evidence Clearly Marked- if need be use Highlighter Pen so clear for Judge
 The Judge will check Evidence answer on Question numbered The Evidence - notes
A
First Tenancy Agreement

 ALWAYS Q 6-7 Copy of the [first] written tenancy agreement marked. This means even if you purchased the property with a tenant in situ (former landlord agreement applies)
A1, A2, A3
Any subsequent Tenancy Agreements

If ever renewed YES all Tenancy Agreements even where not signed

Q 8

 Where one or more tenancy agreements have been entered into a copy of each such tenancy agreement marked (‘A1’ ‘A2’, ‘A3’, etc.)

If using the Deposit Insurance scheme - you must have purchased new policy when being renewed
B
Section 21 Notice
ALWAYS
Q 10
10A 		Copy of the notice saying that possession was required marked
B1
Proof of Service of the Section 21 Notice
ALWAYS
Q 10c/e		 Proof of service of the notice requiring possession marked
C
Property Licence
 if licensable
Q 11a &b

Copy of the licence issued under Part 2 or Part 3 of the Housing
Act 2004 marked
D
Pending
licence
 if applies
Q 11a &b		 Evidence of any outstanding licence application, notification or appeal under parts 2 or 3 of the Housing Act 2004 marked ‘D’
E
Deposit Certificate
 If Deposit unless returned Copy of the Tenancy Deposit Certificate, marked
G, G1, G2 etc

GAS CERTIFICATE(S)
 IF GAS IN THE RENTAL
Q 17&a

OR IF GAS IN AN HMO then
Q 17c 		Copy of the Gas Safety Record(s), marked ‘G’, ‘G1’, ‘G2’ etc.

NOTE IF YOU DO NOT HAVE ALL GAS SAFETY CERTIFICATES
H

HOW TO RENT GUIDE
 ALWAYS
Q 18b/d
 This question does apply you. Copy of the documents relating to compliance by a registered provider of social housing with Part 3 of the Pre-Action Protocol For Possession Claims by Social Landlords OR a copy of the document ‘How to Rent: the checklist for renting in England’ marked ‘

PIMS Recommends - providing the tenant with the most recent copy of how to rent guide before issuing the s21 (at least three days before) Call your pims helpline


Make sure you have the correct form - Note the England Form has 08.20 very bottom of the first page. It is 20 pages long Court Form England

PIMS RELATED CONTENT



We are happy to check your court application = There is no cost and please take advantage of this service - it is better to check now than your application be rejected