Form N5A: Claim for Relief Against Forfeiture (2026 Guide)

What Is Form N5A?

Form N5A is a short, four-page County Court claim form. Its structure follows three statements that frame the whole claim, in the form’s own words:

• “The claimant is interested in the lease dated … of the property” — you identify the lease and the property, establishing your standing to seek relief (as tenant, leaseholder, or another person with an interest in the lease, such as a mortgage lender of the leaseholder).
• “The defendant, as the person entitled to the reversion on the lease, on … forfeited or served notice of intention to forfeit the lease” — you identify the landlord (the person entitled to the reversion) and the act of forfeiture: a peaceable re-entry, possession proceedings, or a notice of intention to forfeit.
• “The claimant seeks relief from that forfeiture so that the lease can continue” — the remedy you are asking for.

The rest of the form covers the parties’ details, a section for full particulars of the claim (overleaf or attached), the hearing date box the court completes, the fee boxes, and the statement of truth. A claim by a tenant seeking relief from forfeiture is one of the claims expressly governed by Part 55 of the Civil Procedure Rules — CPR r.55.2(1)(c) — so it is started in the County Court for the district where the property is situated, and the court fixes a hearing when it issues the claim.

When Do You Need Form N5A?

You need Form N5A when a lease you hold — or have an interest in — has been forfeited or is about to be, and you want the court to restore it. Typical situations:

• Commercial premises re-entered for rent arrears. The landlord of business premises changes the locks (peaceable re-entry) over unpaid rent. Where the landlord re-entered without a court order for non-payment of rent, section 139(2) of the County Courts Act 1984 lets the lessee apply to the County Court for relief within six months of the re-entry.
• A long residential lease threatened with forfeiture over ground rent or service charge arrears, or another alleged breach. Forfeiture would hand the landlord an asset usually worth far more than the debt — relief prevents that windfall.
• A section 146 notice has been served. For breaches other than non-payment of rent, the landlord must first serve a notice under section 146 of the Law of Property Act 1925 specifying the breach. The tenant can apply for relief while the landlord is proceeding to enforce the forfeiture.
• You hold a charge over the lease. A mortgage lender or other person with an interest in the lease can also seek relief to protect its security.

Two important protections limit forfeiture of homes in the first place — worth knowing before you panic:

• A landlord cannot lawfully forfeit a let dwelling by simply re-entering while someone is lawfully residing there — a court order is needed (Protection from Eviction Act 1977).
• For long residential leases, forfeiture for service or administration charges is barred unless the amount has been finally determined or admitted (section 81, Housing Act 1996), and forfeiture for small sums is barred below a threshold (as of August 2026, £350, unless the amount has been outstanding for more than three years — check the current figures). If your dispute is really about service charges, see our service charge dispute guide.

What Is Form N5A Used For?

Filing Form N5A at court does the following:

1. It issues a claim under CPR Part 55 asking the court to grant relief against the forfeiture, so the lease continues as if it had never been forfeited.
2. It puts your account of the lease, the breach and the forfeiture before the court, with your evidence.
3. It gets a hearing listed — the court fixes the hearing date when it issues the claim, and the form carries the hearing box on its face.
4. It lets the court set the conditions of relief — typically payment of arrears, interest and the landlord’s reasonable costs within a stated time.

Relief is an equitable remedy: the court’s starting point in rent cases is that the forfeiture clause is security for the rent, so if you pay what is owed (plus costs), relief is normally granted. Delay, repeated breaches, or prejudice to the landlord or third parties can count against you.

Step-by-Step Guide to Completing and Filing Form N5A

Step 1 — Act Quickly and Check Your Time Limit

Time matters more in forfeiture than almost anywhere else in civil procedure:

• Rent cases — landlord re-entered without a court order: apply within six months of the re-entry (County Courts Act 1984, s.139(2)).
• Rent cases — landlord has issued possession proceedings: section 138 of the same Act gives an automatic route — paying all the arrears and costs into court not less than five clear days before the hearing stops the forfeiture, and the lease continues. Even after a possession order in a rent case, a window to seek relief may remain — take action immediately rather than testing its limits.
• Other breaches (section 146 cases): apply while the landlord “is proceeding” to enforce the forfeiture. Once the landlord has taken possession under a court judgment, relief becomes much harder — in some cases unavailable. Do not wait.

Step 2 — Gather the Documents

Your claim stands on the paperwork. Assemble:

• The lease (and any deeds of variation or assignment showing your interest).
• Evidence of the forfeiture — the section 146 notice, the landlord’s letters, photographs of changed locks, the possession claim or order.
• The rent or service charge account, showing what is genuinely owed and what you dispute.
• Evidence you can meet the likely conditions of relief — how you will pay the arrears and costs, and over what period.

Step 3 — Complete Form N5A

Download the current form from GOV.UK (link at the top of this guide). Completing it:

• Heading: the County Court hearing centre, and your fee account number if you have one (most litigants in person pay per claim instead).
• Claimant: you — the person interested in the lease. Defendant: the landlord, as the person entitled to the reversion.
• The lease statement: the date of the lease and the full property address.
• The forfeiture statement: the date the defendant forfeited or served notice of intention to forfeit.
• Particulars: tick whether full particulars are overleaf or attached — in practice, attach proper particulars of claim (see Step 4).
• Service and fees: the defendant’s name and address for service, and the court fee boxes.
• Statement of truth: sign it yourself, in your own name, understanding that a false statement can be a contempt of court.

Step 4 — Draft the Particulars of Claim

The form’s three printed statements are the skeleton; the particulars are the case. They should set out:

• Your interest in the lease and the history of the tenancy.
• The alleged breach — and your position on it: paid, disputed, or admitted with an explanation.
• The circumstances of the forfeiture — how and when the landlord re-entered or served notice.
• Why relief should be granted: the value of the lease against the size of the debt, your proposals to pay or remedy the breach, how quickly you acted, and any conduct of the landlord that matters.
• The order you seek — relief against forfeiture on such conditions as the court thinks fit, and any consequential orders (for example, re-entry to the premises).

Step 5 — File at Court

File the completed N5A and particulars at the County Court for the district where the property is situated, with:

• The court fee — check the current figure in the HMCTS fee guide EX50 before filing (court fees changed in July 2026), and Form EX160 if you are applying for Help with Fees.
• Copies for the court to serve on each defendant.
• Your supporting documents.

The court fixes the hearing date on issue. If the premises are shut and your business is bleeding, say so in a covering letter and ask for the earliest possible listing — and consider an application for interim re-entry if the wait would destroy the business.

Step 6 — Attend the Hearing

At the hearing, be ready to:

• Prove your interest in the lease and take the judge to the key documents.
• Deal with the arrears figure — agree it if you can; a dispute over a few pounds should not sink the claim.
• Present a realistic payment proposal for arrears and costs. Relief is almost always conditional; the condition you offer is usually the condition you get.
• Address any delay since the forfeiture, and any point the landlord takes on your conduct.

If relief is granted, the order will state the conditions and the deadline for meeting them. Meet them — relief that lapses because a condition was missed is very hard to revive.

Key Deadlines

• Rent arrears — peaceable re-entry: apply within six months of the landlord’s re-entry (County Courts Act 1984, s.139(2)).
• Rent arrears — possession proceedings issued: pay all arrears and costs into court not less than five clear days before the hearing for the automatic route (s.138) — or seek relief at the hearing.
• Other breaches: no fixed statutory window — apply while the landlord is proceeding, and treat every week of delay as a point against you.
• Conditions of relief: whatever deadline the order sets for payment is a real deadline. Diarise it.

What Happens After You File?

Once the claim is issued, the court serves it on the landlord and the matter proceeds to the listed hearing. Three broad outcomes:

• Relief granted on conditions — the usual outcome where the tenant can pay. The lease continues as if never forfeited; you pay the arrears, interest and the landlord’s reasonable costs by the date ordered.
• Relief refused — where the breach is serious and unremedied, the delay long, or the conduct such that equity will not assist. The forfeiture stands and the lease is gone.
• Terms negotiated — many claims settle: landlords generally want the money, not the empty unit. A realistic offer made early, in writing, resolves many forfeitures without a contested hearing.

Common Mistakes to Avoid

1. Treating N5A as a landlord’s possession form. It is the tenant’s relief claim. A landlord seeking possession of a rented home needs Form N5 and the N119 particulars; a claim issued on the wrong basis wastes the fee and the weeks you can least afford.
2. Delay. The six-month limit in rent re-entry cases is hard; in section 146 cases delay steadily erodes the court’s willingness to help. Apply the week it happens, not the month after.
3. No payment proposal. Relief in rent cases is, at its core, “pay and the lease survives”. Arriving with no realistic plan to clear arrears and costs invites refusal or unworkable conditions.
4. Suing the wrong defendant. The defendant is the person entitled to the reversion — check the current freeholder or head-leaseholder at HM Land Registry, not just the name on old demands.
5. Ignoring the statutory protections. If the “forfeiture” of your home happened without a court order, or rests on undetermined service charges, say so — the re-entry itself may have been unlawful.
6. Missing the conditions after winning. An order for relief with conditions is only a rescue if you comply. Pay by the date ordered and keep proof.

Related Court Forms & Guides

• Form N5: Claim for Possession of Property — the landlord’s standard possession claim (with N119 particulars for rented homes).
• Form N5B: Accelerated Possession Claim — the transitional section 21 accelerated procedure.
• Service Charge Disputes at the FTT — where service charge liability is determined.
• Form N260: Statement of Costs — the costs schedule for a hearing.
• Civil Court Forms Index — every civil court form guide in one place.

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Frequently asked questions

What is Form N5A?

Form N5A is the County Court “Claim form for relief against forfeiture”. A tenant or leaseholder files it when the landlord has forfeited the lease — or served notice of intention to forfeit — and the tenant asks the court to grant relief so the lease can continue, usually on condition of paying the arrears and costs.

Isn’t N5A the landlord’s possession claim form for rented property?

No — that is a widespread error. The landlord’s possession claim for a rented home uses Form N5 with the N119 particulars of claim (and Form N120 for mortgage lenders). N5A is the tenant-side claim asking the court to undo a forfeiture.

How long do I have to claim relief against forfeiture?

Where the landlord re-entered for non-payment of rent without a court order, section 139(2) of the County Courts Act 1984 gives you six months from the re-entry to apply to the County Court. In other cases there is no fixed window, but delay counts against you — apply while the landlord is still proceeding on the forfeiture.

What will the court usually order?

In rent cases, relief is normally granted on condition that you pay the arrears, interest and the landlord’s reasonable costs by a stated date. The forfeiture clause is treated as security for the debt — pay it, and the lease continues as if it had never been forfeited.

Can a mortgage lender apply for relief?

Yes. Anyone with an interest in the lease — including a lender holding a charge over it — can seek relief to protect that interest, and the form’s opening statement (“the claimant is interested in the lease”) reflects that.

Can my landlord forfeit my home without going to court?

Not lawfully. Where premises are let as a dwelling and someone is lawfully residing there, the landlord needs a court order to forfeit (Protection from Eviction Act 1977). Long residential leases have further protections: service charge forfeiture requires the amount to be determined or admitted, and small sums below the statutory threshold cannot found a forfeiture at all.

Related guides: Form N5: Claim for Possession · Form N5B: Accelerated Possession · Form N260: Statement of Costs · All civil court forms