View Full Version : Court Action - N5 or N5B?

26-03-2008, 20:40 PM
Hello - first post for me. I have a T who is no longer paying rent. He signed a AST more than a year ago and is now on a monthly rolling contract. He is now 2 months in arrears, and we have served a S8 under Grounds 8, 10 and 11. The court deadline specified in the S8 has just passed, and T has not attempted to contact us, so the time has come to initate court proceedings.

I see there are two ways of doing this:

a) N5B Accelerated Possession
b) N5 Rented Residential Premises

The difference I believe is that a) does not require a court hearing, but cannot be used to collect arrears, while b) does require a court hearing and can be used to collect arrears.

Are there any other differences? If I follow the N5B approach, can I then claim in the small claims court (arrears is £1000 today, but is likely to be £1500 in a couple of weeks).

We have reason to believe T has lost his job, so his ability to pay is likely to be low. In such a case, is there any point following a N5 approach?

T has in the past has been a serial bad-payer, and we have tried being reasonable, but since he stopped paying he has been generally abusive and we are not inclined to show any continued leniency.

Thanks for any guidance.