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): £391 fee, faster processing, not available for complex multi-party cases
- Paper at county court for the property area: £432 fee, 2 copies of all documents
- After filing: court serves the claim on tenants by post; tenant has 14 days to defend; hearing listed 4–8 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