How to complete the N5B Wales form
When to complete the N5B Wales form
The N5B in Wales is used when landlords want to go down the accelerated route for possession. This is an alternative option compared to the standard route and allows for a possession claim to proceed without a hearing being needed as standard, although one can be arranged if the judge felt it was necessary.
You can apply to court using the N5B Wales:
- After serving a Section 173 notice: Landlord's notice for a periodic contract (you must use Form RHW16)
- After serving section 173 as amended by Schedule 12: Landlords notice for a converted periodic contract in force on 1 December 2022 (you must use Form RHW17)
- After serving section 196: Landlord's notice activating a break clause during a fixed term contract (You must use RHW24)
- After serving section 171 or 192: Notice serfved because the contract-holders have failed to move out at the end of their contract-holders notice (You must use RHW23)
You should always use the latest version of the N5B Wales form downloaded from the government website to ensure you are completing the right document. You can download it here.
Completing the N5B Wales form
Make sure that you meet the following criteria as you must not use this process if you do not
- The correct length of notice as appropriate has been given.
- You are compliant with fitness for human habitation requirements, including carbon monoxide alarms, smoke alarms and electrical installation condition reports.
- You have proof of deposit protection within 30 days of receipt and have served the prescribed information of the deposit scheme on the tenants.
- You have proof that any holding deposit taken since February 2020 has been dealt with in accordance with the Renting Homes (Fees etc.) Wales Act 2019
- You have not taken any prohibited fees under the Renting Homes (Fees etc.) Wales Act 2019 and associated secondary legislation.
- You have a copy of any selective, additional or mandatory licence or have proof that you have applied for the licence, if one is required for the property.
Starting at the top of the form, complete the following:
Summary details
You must confirm that the property is in Wales. Tick yes to confirm this
Next, enter your own details where the form asks for the full name(s) of the claimant(s)
Enter the details of your contract holders where it asks for the full name(s) of the defendant(s).
Insert the name of the court you are applying to. This should be the court nearest to the address of the property you are seeking possession of. To confirm this, use the gov.uk court and tribunal finder available here.
Include the address of the rental property you are intending to claim possession of.
Next, insert the names and addresses of the contract holders and your own name and address again. Make sure that this mathes what is on the contract and entered earlier in this document. If you need to continue on a separate sheet you are able to attach one to your application.
Question 3 - Tick yes if you wish to recover the costs of the claim from the contract holder(s). If you don't intend to do this, you can tick no.
Question 4 - Include the address of the rented property again. Make sure it matches the other entries of the address you include on this form, and matches the occupation contract.
Question 5 - Tick yes to question 5
Question 6 - Enter the date that you entered into an occupation contract with your contract holder(s).
Question 7 - If there have been any subsequent contracts entered into since the original contract date you put into question 6, then incude their details here. If not, simply tick no.
Question 8 - Include the date that the written terms were served on the contract holder(s). This is likely to be the same date that they signed the contract.
Question 9 - Tick no
Question 10 - Tick no
Question 11 - Include the date that you served the notice you are relying on for your application.
Question 12 - Include the details of who served the notice. This will usually be yourself unless you used an agent or process server.
Question 13 - tick the relevant box for the type of notice you served. Most commonly this will be the RHW16 form to serve section 173.
Question 13A - If you have received complaints from your contract holders about the common parts of the building or about the property, then you should tick Yes and provide the details of these complaints. Otherwise tick no instead. Be aware that there are some types of notice you may be relying on where this will impact your ability to regain possession, and some where it will not. You should be truthful in any case.
Question 13B - Tick the box to agree with this statement. Make sure you have complied with the obligations referred to in the N5BA and have read that document as well. Include a copy of the N5BA with your application.
Question 14 - Tick yes if you have taken a deposit in relation to this contract or any previous contract that these contract holders were party to. If you haven't taken a deposit, then tick no.
Question 14A - If you did take a deposit but have since returned it to the contract holder or whoever paid it on their behalf, tick yes and enter the date it was repaid. If you didn't take a deposit, or have not returned it, tick no.
Question 14B i) - If you have taken a deposit, tick Yes to confirm you placed it in an authorised deposit scheme and give the details related to this scheme. If not, tick no, however you should be aware that for some types of notice you might be relying on, this could cause issues with being able to serve the notice in the first place. You may have to begin again if you find this is the case.
Question 14B ii) - If you have taken a deposit, tick Yes to confirm you gave the contract holder(s) or anyone who paid the deposit on their behalf the prescribed information. If not, tick no, however you should be aware that for some types of notice you might be relying on, this could cause issues with being able to serve the notice in the first place. You may have to begin again if you find this is the case.
Question 14C - Tick the box to confirm you have read and understood your obligations relating to holding a deposit correctly. These are set out in the N5BA document which you should have read and understood, and attached a copy to your application.
Question 15 - This question asks if you have ever required someone to make a prohibited payment under the Welsh Tenant Fee Ban. You should tick no here. If you have done this, it needed to be returned before your notice was served, and you should tick yes and provide those details. If you have not returned any prohibited fees, this could cause problems with your notice and you may need to begin again.
Question 16 - Tick Yes if your property is an HMO, and if Yes provide details about whether it is licensed or not. There is an error in the drafting of the form, where you may not have an HMO but have a property licensed under a selective licensing scheme and would need to provide those details on this question. We recommend bringing details about your property's selective licence if you have one. If your property is not an HMO, tick no.
Question 17 - Tick no here, as we expect most if not all of our members are not a community landlord as defined by the Renting Homes act.
Question 18 - Tick yes if you were the landlord when the notice you are relying on was served. In most cases we expect this to be the case, and you should tick yes. If not, then tick no and answer questions 18A-C.
Question 18A - Insert the date the previous landlord's interest was assigned to you.
Question 18B - If the previous landlord was a landlord through an assignment, give details about that assignment.
Question 18C - Provide the date on which the assignment was registered
Question 19 - Tick yes and provide your RentSmart Wales registration number. You should be registered to act as a landlord in Wales.
Question 19A - Tick yes and provide your RentSmart Wales licensing number if you are licensed. If you are not licensed, you can tick no and provide the details in question 19B. You must be licensed yourself or employ a licensed agent.
Question 19B - Tick yes and provide the details of your licensed agent if you employ one. Otherwise, tick no.
Question 20 - Tick yes. This means you are content with there not being a hearing if a request is made to postpone possession. the maximum postponement is 6 weeks, but you may wait longer than this to get a hearing in the first place, so it is recommended to simply tick yes here.
Question 21 - Tick yes to "deliver up possession of the property". Currently the N5B Wales has a formatting error and you cannot tick both boxes here. We recommend ticking the box relating to possession as this is the most important one. If you also wish to tick the "pay the costs of the claim" box, then do so in pen after printing out the form. That way, you will always get possession if you are succesful in arguing the claim, even if you forgot to tick the box relating to costs.
Fill in the box relating to the court fee - at the time of writing this is £404.
Next, complete the statement of truth, ticking the box that begins "I believe..." as you are completing the form yourself. The other box would be used by a legal professional completing the form on your behalf.
Finally, complete the checklist of any documents that you have attached alongside your application as indicated by the document itself.
The last page is marked as completed on the court copy only, so leave that blank.