How to Defend Form N11B in the County Court

When a landlord issues an accelerated possession claim in the County Court, the court serves Form N5B (the Claim Form) and Form N11B (the Defence Form). You have strictly 14 calendar days from the date of service to file your defence.

The 14-Day Deadline Is Strict

If you fail to return Form N11B within 14 days, the District Judge will consider the paperwork on the papers alone. If the landlord's documents appear facially complete, the judge will make a 14-day possession order without a hearing. Filing your defence on time forces the judge to scrutinise every statutory prerequisite.

What Happens When You Raise a Valid Statutory Defence?

Under Civil Procedure Rules Part 55.16, if the tenant's defence discloses an arguable statutory defect (such as an unprotected deposit, lack of a gas safety certificate, or failure to serve the correct How to Rent edition):

• The District Judge cannot make a summary possession order on the papers.
• The court must list the matter for an oral hearing, typically giving 4 to 8 weeks' notice.
• If the judge finds the notice defective at the hearing, the possession claim is dismissed. The landlord must pay the court costs and start the entire 2-month notice procedure again from scratch.

How to Complete Form N11B

1. Question 2 (Deposit): State clearly whether a deposit was paid, the amount, the date paid, and whether it was protected within 30 days.
2. Question 3 (How to Rent & Certificates): Check the boxes indicating whether the How to Rent booklet, EPC, and Gas Safety Certificate were given before the Section 21 notice was served.
3. Question 5 (Licensing & Other Defences): Detail if the property lacked an HMO or selective licence at the date the notice was given.
4. Statement of Truth: Sign and date the statement of truth verifying your factual responses.