Form N5 (Claim for Possession of Property) is the standard claim form used by landlords to begin possession proceedings at the county court after a Section 8 notice has expired without the tenant vacating. It replaced the previous N5B form and is used alongside form N119 (particulars of claim for possession) which sets out the grounds and evidence in detail.
Since the Renters' Rights Act 2025 came into force on 1 May 2026, Section 21 no longer exists — all possession claims must now use Section 8. The N5/N119 possession claim process is therefore now the only route to court-ordered possession in England, making the correct filing of these documents essential for every private landlord who needs to recover their property.
What is form N5 and when do you use it?
Form N5 is the county court claim form for possession of residential property:
- What it is: Form N5 (Claim for Possession of Property) — the cover sheet for a possession claim that identifies the parties, the property, the grounds, and the relief claimed
- When to use it: After the Section 8 notice period has expired without the tenant leaving and you want a court order for possession
- What accompanies it: Form N119 (Particulars of Claim for Possession of Residential Property) sets out the specific grounds in detail and must be filed with the N5
- Paper or online: N5/N119 can be filed online via PCOL (Possession Claims Online at possessionclaim.gov.uk) or in paper form at the county court serving the area where the property is located
- Court fee (2026): £391 for possession claims filed online (PCOL); £432 for paper claims filed at court — fees are updated annually, always check the current schedule on gov.uk before filing
How to complete form N5
Each section of form N5 for a Section 8 possession claim:
- Section 1 — Claimant: Your full name and address (the landlord). If the property is jointly owned, list all landlords as claimants. Use your address for service — the court will send all orders and notices here
- Section 2 — Defendant: Full name(s) of all tenants named in the tenancy agreement. Also list any other known adult occupiers as additional defendants if they are not named tenants
- Section 3 — Property: Full address of the rented property including postcode. The N5 must exactly match the address in the tenancy agreement and Section 8 notice
- Section 4 — Grounds: Tick the box for Section 8 possession (not Section 21 — this no longer exists). List the specific grounds you are claiming: e.g. Ground 8 (3+ months' arrears, mandatory), Ground 10 (arrears, discretionary), Ground 11 (persistent late payment, discretionary)
- Section 5 — Relief claimed: Possession order (mandatory); damages for rent arrears (optional but advisable to include to recover the debt without a separate claim); costs
- Section 6 — Statement of truth: The claimant or their solicitor must sign the statement of truth. As a landlord filing personally, you sign this — do not leave it blank or the claim is invalid
How to complete form N119 (particulars of claim)
Form N119 accompanies the N5 and sets out the full evidence:
- Part 1 — The tenancy: Start date, weekly or monthly rent, current rent level, how paid (cash, standing order etc.), deposit amount and protection scheme, type of tenancy (from 1 May 2026: Periodic Assured Tenancy)
- Part 2 — The notice: Date the Section 8 notice was served, method of service, grounds stated in the notice, notice expiry date. The notice must be valid — defects in the notice can defeat the whole claim
- Part 3 — Grounds detail (for arrears claims): Full arrears history — a dated schedule of payments due and payments received, showing each missed or partial payment. Attach the arrears schedule as an exhibit
- Part 4 — Other grounds: Describe the specific facts supporting each non-arrears ground (e.g. anti-social behaviour incidents with dates for Ground 14; breach of covenant details for Ground 12)
- Part 5 — What has been done: State whether you have sent the pre-action protocol letter, tried mediation, or contacted the tenant about the arrears — courts expect to see pre-action engagement
Documents to bundle with the N5/N119
Attach clear copies of all these documents to support the claim:
- The Section 8 notice (Form 3A) — the original served on the tenant; include proof of service (signed delivery receipt, email confirmation, or statement confirming personal service)
- The Periodic Assured Tenancy Agreement — full copy including all schedules and any variations
- Rent arrears schedule — a clear table showing rent due, rent paid, and cumulative arrears for each payment period since the arrears began
- Bank statements or payment records — showing all rent payments received (or not received) to corroborate the schedule
- Any relevant correspondence — emails, texts, or letters about the arrears or tenancy breach
- Deposit protection certificate — confirm the deposit was protected on time (an unprotected deposit is grounds for the tenant to counterclaim)
Filing the claim: online (PCOL) vs paper
Two ways to file an N5/N119 possession claim:
- Online via PCOL (Possession Claims Online): Available at possessionclaim.gov.uk. Faster processing, lower court fee (£391 vs £432 for paper). You enter the claim details directly into the portal — no paper forms. PCOL is not available for claims with unusual grounds or multi-party situations
- Paper form at the county court: Complete paper N5 and N119, make 2 copies of everything, attend (or post to) the county court nearest to the rented property. Pay the court fee by card or cheque. Court staff will stamp and issue the claim
- Which court: The county court for the area where the property is located. Find your county court at find-court-tribunal.service.gov.uk
- What happens after filing: The court sends the claim to the defendant(s) by post. The tenant has 14 days to file a defence. The court then lists a possession hearing, typically 4–8 weeks after filing (backlogs vary by court)
- Accelerated possession: No longer available for Section 21 (abolished). There is no accelerated Section 8 process — all Section 8 claims go to a full possession hearing
What happens at the possession hearing
At the possession hearing, the district judge considers the claim:
- Mandatory grounds (e.g. Ground 8): If the arrears are still 3 or more months at the date of hearing and the notice was valid, the court must grant possession — no discretion
- Discretionary grounds (e.g. Ground 10, 11, 14): The court considers whether it is reasonable to grant possession and may adjourn, suspend, or grant an outright order depending on the evidence
- Suspended possession order: Common on discretionary grounds — the court grants possession but suspends the order on terms (usually the tenant pays current rent plus a fixed arrears repayment each month). Breach triggers enforcement
- Money judgment: If you have included a rent arrears claim in the N5, the judge will also make a money judgment for the arrears — this can be enforced separately via bailiffs, attachment of earnings, or charging order
- Warrant for possession: If an order is made and the tenant does not leave by the date in the order, you apply for a Warrant for Possession (Form N325) — court bailiffs then attend to evict
Frequently asked questions
How much does it cost to file a Section 8 possession claim?+
The court fee for a possession claim in 2026 is £391 if filed online via Possession Claims Online (PCOL) or £432 if filed in paper form at a county court. These fees are set by HM Courts and Tribunals Service and updated periodically — always check the current fee schedule at gov.uk before filing. Solicitor fees (if instructed) are additional.
Can I file an N5 possession claim myself without a solicitor?+
Yes. Landlords can represent themselves (litigants in person) in county court possession proceedings. The N5 and N119 forms are available free from HM Courts and Tribunals Service. Many straightforward rent arrears cases on mandatory Ground 8 are handled successfully by landlords without legal representation. However, if the tenant has filed a defence, raised a counterclaim, or if your grounds are discretionary, legal advice is strongly recommended.
What if the tenant leaves after I file the N5?+
If the tenant vacates before the possession hearing, you can apply to the court to discontinue the possession proceedings. You will still owe the court fee as it is not refunded. If you have included a rent arrears claim on the N5, you can pursue the money judgment separately even if possession is no longer needed.
What if my Section 8 notice had a mistake — can I still file the N5?+
No. A defective Section 8 notice (wrong form, wrong grounds, errors in the notice, served short of the required notice period, or served on the wrong address) will invalidate the possession claim. You must serve a fresh, compliant Section 8 notice and wait for the notice period to expire before filing a new N5. Do not file the N5 until you are certain the notice was correctly served.
How long does it take to get a possession order?+
From filing the N5 to a possession hearing typically takes 4–12 weeks depending on the court's backlog. Contested cases with tenant defences can take significantly longer. From a possession order to actual eviction (via warrant and bailiff) can add a further 4–8 weeks. In total, a contested Section 8 possession claim from notice to vacant possession can take 4–6 months.