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England · Section 8 · County Court · Possession

Section 8 Possession Claim, Forms N5 and N119

How to complete form N5 (claim for possession of property) and form N119 (particulars of claim) to start Section 8 possession proceedings at the county court. Court fees 2026, online filing via PCOL, document bundle, and what happens at the possession hearing.

10 min readUpdated 28 June 2026Last reviewed: 28 June 2026 by Richard Wood, FounderSection 8PossessionCounty CourtN5 Form
Written and reviewed by· Founder, LetSafe UKLast reviewed: 28 June 2026
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After the Section 8 notice period expires without the tenant leaving, the landlord must issue a possession claim at the county court using form N5 (Claim for Possession of Property) accompanied by form N119 (Particulars of Claim for Possession of Residential Property). Since the abolition of Section 21 on 1 May 2026, this is the only court route to possession in England.

Check the notice is valid before filing

A defective Section 8 notice; wrong form, wrong grounds, short notice period, or incorrect service, will invalidate the possession claim. Review the notice carefully before filing the N5. A defective notice cannot be cured after filing.

Completing form N5

  • Section 1, Claimant: full name and address of the landlord (all landlords if jointly owned)
  • Section 2; Defendant: full name(s) of all tenants named in the tenancy agreement, plus any known adult occupiers
  • Section 3; Property: full address including postcode, exactly matching the tenancy agreement and Section 8 notice
  • Section 4, Grounds: tick Section 8; list each ground claimed (e.g. Ground 8, Ground 10, Ground 11 for arrears claims)
  • Section 5, Relief: possession order; damages for rent arrears (include to recover arrears without a separate claim); costs
  • Section 6, Statement of truth: sign personally as the landlord; unsigned claims are invalid

Completing form N119

  • Part 1; Tenancy details: start date, rent, deposit amount and scheme, type of tenancy
  • Part 2; The notice: date served, method of service, grounds stated, expiry date
  • Part 3; Arrears schedule: a dated table of rent due, rent paid, and cumulative arrears for each payment period
  • Part 4, Other grounds: specific facts for non-arrears grounds with dates
  • Part 5, Pre-action steps: confirm whether pre-action protocol letter was sent and whether mediation was offered

Document bundle to file with N5/N119

  • Copy of Section 8 notice (Form 3A) with proof of service
  • Full copy of the Periodic Assured Tenancy Agreement
  • Rent arrears schedule and corroborating bank statements
  • Any relevant correspondence about the arrears or breach
  • Deposit protection certificate confirming timely protection

Filing: online (PCOL) vs paper

  • Online via PCOL (possessionclaim.gov.uk): £415 fee, faster processing, not available for complex multi-party cases
  • Paper at county court for the property area: £415 fee, 2 copies of all documents
  • After filing: court serves the claim on tenants by post; tenant has 14 days to defend; hearing listed 4 to 8 weeks after filing

At the possession hearing

  • Mandatory Ground 8: if arrears are still 3+ months at the hearing and the notice was valid, the court must grant possession
  • Discretionary grounds: the court decides whether it is reasonable to grant possession, suspended orders are common
  • Money judgment: if included in the N5, the judge also orders the arrears to be repaid; enforceable via bailiffs, attachment of earnings, or charging order
  • Warrant for possession: if the tenant does not leave by the date in the order, file form N325 to request a bailiff warrant
Primary sources

This page is drafted against the legislation below. Always check the current text of the law before acting.

Frequently asked questions

How much does it cost to file a Section 8 possession claim?+

The court fee in 2026 is £415. Check the current fee schedule on gov.uk before filing as fees are updated annually.

Can I file the N5 without a solicitor?+

Yes. Landlords can represent themselves. Most straightforward Ground 8 arrears cases are handled successfully without legal representation. If the tenant files a defence or raises a counterclaim, legal advice is strongly recommended.

What if the tenant leaves before the hearing?+

Apply to discontinue the possession proceedings. The court fee is not refunded. If you included a rent arrears claim, the money judgment can still be pursued.

What if my Section 8 notice had an error?+

A defective notice invalidates the claim. Serve a fresh, compliant Section 8 notice, wait for the notice period to expire, then file a new N5. Do not file until you are certain the notice was correctly served.

Free tools for this topic

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Templates recommended in this guide

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Found a gap or disagree with something?

Reply to any LetSafe email or write to richard@letsafeuk.co.uk. We rewrite guides when we get something wrong, the sooner we hear, the sooner we fix it.

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