Form N5: Claim for Possession of Property (2026 Guide)

If you are a landlord seeking to recover possession of a property through the courts, Form N5 is the document that formally starts that process. It is the claim form used to issue possession proceedings in the County Court, and without it your claim cannot progress. This guide explains exactly what the N5 is, when you need it, how to complete it correctly, and what happens once you file it.

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What Is Form N5?

Form N5 is the standard court claim form for possession of property. It is used when a landlord — or in some cases an occupier with a superior right to possession — asks the court to order that a person vacates a property. The form applies to residential tenancies, but a separate variant (Form N5B) exists for mortgage lenders. For rented residential property where the prescribed particulars regime applies, most landlords will use Form N5A instead (see our separate guide). Form N5 is the broader, more general claim form and remains in use for certain property types and circumstances.

The form is issued in the County Court, and the claim is heard at the court for the district in which the property is situated.

When Do You Need Form N5?

You need Form N5 when you wish to recover possession of a property and court proceedings are necessary. Court action becomes necessary in the following circumstances:

• The tenant or occupier has not vacated following a valid Section 8 or Section 21 notice.
• You are seeking possession on the basis of rent arrears or breach of tenancy agreement and the tenant disputes the claim.
• You are dealing with a trespasser or unlawful occupier and require a court order to remove them.
• You have served the relevant notice and the notice period has expired without the occupier leaving voluntarily.

You cannot simply instruct bailiffs to remove a tenant without first obtaining a court order. Attempting to do so constitutes an illegal eviction, which carries serious civil and criminal consequences. Form N5 is the route by which you obtain that court order lawfully.

What Is Form N5 Used For?

Form N5 initiates possession proceedings. When you file it at court, you are formally asking the court to:

1. Hear your claim for possession.
2. Make an order requiring the defendant to deliver up possession of the property.
3. In many cases, award you the costs of bringing the claim and any rent arrears that are owed.

The form requires you to identify the property, describe your legal basis for possession, and confirm what steps you have already taken — including service of any statutory notices.

Step-by-Step Guide to Completing and Filing Form N5

Step 1 — Confirm Your Legal Basis for Possession

Before completing any court paperwork, you must be clear about the legal ground on which you are seeking possession.

Section 21 (No-Fault Possession)
Under Section 21 of the Housing Act 1988, a landlord can seek possession of an assured shorthold tenancy without giving a reason, provided certain conditions are met. You must have served a valid Section 21 notice (Form 6A since October 2015). The notice must give at least two months’ notice. Before you can rely on a Section 21 notice, you must have:

• Protected the tenant’s deposit in a government-approved scheme and provided the prescribed information within 30 days of receipt.
• Provided the tenant with a copy of the Energy Performance Certificate (EPC) for the property.
• Provided the tenant with the government’s “How to Rent” guide at the start of the tenancy and at each relevant renewal.
• Provided a valid Gas Safety Certificate before the tenancy commenced and annually thereafter.
• Not received a local authority improvement or emergency remedial notice under the Housing Act 2004 in the six months before the Section 21 notice was served.

If any of these conditions were not met, the Section 21 notice is invalid and your claim will fail. The court will not make a possession order on an invalid notice.

Section 8 (Ground-Based Possession)
Under Section 8 of the Housing Act 1988, you may seek possession on specific grounds set out in Schedule 2 to that Act. Grounds are divided into mandatory grounds (where the court must make a possession order if the ground is proved) and discretionary grounds (where the court may make an order but is not required to do so). Common grounds include:

• Ground 8 — Mandatory: at least two months’ (or eight weeks’) rent arrears both at the date of service of the notice and at the date of the hearing.
• Ground 10 — Discretionary: some rent arrears at the date of service and at the date of the hearing.
• Ground 11 — Discretionary: persistent delay in paying rent.
• Ground 14 — Discretionary: nuisance, annoyance, or illegal/immoral use of the property.

You must serve a Section 8 notice (Form 3) before issuing proceedings, specifying the grounds on which you are relying and giving the appropriate notice period (14 days for most rent arrears grounds, 2 months for certain other grounds).

Step 2 — Comply with the Pre-Action Protocol

For possession claims based on rent arrears, you must comply with the Pre-Action Protocol for Possession Claims based on Rent Arrears before issuing proceedings. The Protocol requires you to:

• Contact the tenant as soon as arrears arise and attempt to agree a repayment arrangement.
• Provide the tenant with a written statement of the arrears.
• Notify the tenant that possession proceedings may be issued if the position does not improve.
• Consider whether it is reasonable to commence proceedings at all, given the tenant’s personal circumstances.

A court may adjourn, stay, or dismiss your claim if you have failed to follow the Protocol. Compliance is not optional — it is a requirement the court will scrutinise.

Step 3 — Obtain and Complete Form N5

Download Form N5 from the HM Courts and Tribunals Service (HMCTS) website. You will need to provide:

• The full address of the property to which the claim relates.
• Your name and address as claimant, and the name and address of the defendant(s).
• A brief description of the property (type and number of rooms).
• Details of the tenancy: type of tenancy, commencement date, current rent, and any arrears.
• The notice(s) served, with dates and grounds relied upon.
• Confirmation that the deposit has been protected (where applicable).
• Details of any mortgage over the property (the lender must be notified of Section 8 proceedings in certain circumstances).

You must also complete the accompanying Particulars of Claim. For Section 8 claims, the Particulars must set out the grounds relied upon and the factual basis for each. For Section 21 claims, the Particulars must confirm the notice was validly served and that the conditions for service were satisfied.

Step 4 — File at Court

File your completed N5 and Particulars of Claim at the County Court hearing centre for the district in which the property is situated. You must pay the court fee at the time of filing. The fee depends on the nature of the claim:

• Standard possession claim: currently £391 (check HMCTS fee guidance for the latest figure).
• Accelerated possession (Section 21 only): currently £391.

You must file two copies of the claim form and Particulars for the court to serve on the defendant(s), plus a copy for yourself.

Step 5 — Service and the Hearing

The court will serve the claim on the defendant and fix a hearing date, usually four to eight weeks from the date of issue. For Section 21 accelerated claims, the court may deal with the matter without a hearing if there is no defence filed.

At the hearing, you must be prepared to prove the facts in your Particulars of Claim and to produce your evidence: the tenancy agreement, rent account, notice(s) served, deposit certificate, EPC, gas safety certificate, and How to Rent guide.

Key Deadlines

• Section 21 notices must be used within six months of service (four months for periodic tenancies where the notice was served on or after 1 October 2015).
• Section 8 notices: proceedings must be commenced within the validity period specified in the notice (12 months unless otherwise stated).
• Pre-Action Protocol: there is no fixed deadline for compliance, but all steps should be completed before filing.
• Court hearing: you will be given a fixed date by the court and must attend or provide a written request to proceed in your absence.

What Happens After You File?

Once your N5 is filed and the fee paid, the court issues the claim and serves it on the defendant. The defendant has a fixed period to file a defence (usually 14 days from service for standard claims). The court then lists the matter for a hearing.

If the defendant does not attend and files no defence, the court will usually make a possession order at the hearing. If the defendant attends, both parties present their evidence and the judge decides whether to make the order.

If a possession order is made, it will specify a date by which the defendant must vacate. If the defendant does not vacate by that date, you may apply for a warrant of possession (using Form N325) and the County Court bailiff will attend to enforce it.

Common Mistakes to Avoid

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