In short: Form N5B is the prescribed claim form a mortgage lender files in the County Court to begin possession proceedings against a residential property after a borrower defaults, triggering the court’s powers under the Administration of Justice Acts 1970 and 1973 to adjourn or suspend possession where the arrears can realistically be cleared within a reasonable period. It must follow the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears. eLitigant drafts your N5B from your own facts, or checks the draft you have written, for £30.

Form N5B: Possession Claim for Mortgaged Property (2026 Guide)

If a mortgage lender is seeking to repossess your home, or if you are a lender who needs to recover a property following mortgage default, Form N5B is the court document at the centre of that process. It is the prescribed claim form for possession of mortgaged residential property in the County Court, and it triggers a formal judicial process in which the court has significant powers to protect borrowers while also enforcing lenders’ legal rights. This guide explains what the N5B is, how the process works, and what both borrowers and lenders need to know.

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What Is Form N5B?

Form N5B is the claim form used to commence possession proceedings in relation to mortgaged residential property. It is the form a mortgage lender (or, in some cases, a second charge lender) must file at court when it seeks a possession order following a borrower’s default on their mortgage payments.

The form is distinct from Form N5A (which covers rented residential property) and is used exclusively in mortgage possession cases. It is filed in the County Court for the district in which the mortgaged property is situated, and it triggers the court’s jurisdiction under the Administration of Justice Acts 1970 and 1973, which give the court wide powers to adjourn or suspend a possession order where there is a realistic prospect that the borrower can pay the arrears within a reasonable period.

When Does a Lender Need Form N5B?

A mortgage lender needs to use Form N5B when it wishes to obtain a court order for possession of a residential property that is subject to a mortgage and where the borrower is in arrears or in breach of the mortgage conditions. Possession proceedings cannot be brought without a court order — self-help repossession (such as changing locks while the borrower is still in residence) is unlawful.

Common triggers for N5B proceedings include:

• Persistent or significant arrears of mortgage instalments.
• Breach of other mortgage conditions (for example, subletting without consent, allowing the property to fall into serious disrepair).
• The borrower has abandoned the property.
• The mortgage is in negative equity and the lender wishes to sell.

Before issuing Form N5B, the lender must comply with the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property. Failure to do so will likely result in the court adjourning the claim and penalising the lender in costs.

What Is Form N5B Used For?

Form N5B formally starts the court process for mortgage repossession. Filing the form achieves the following:

1. It notifies the court and the borrower that the lender is seeking possession.
2. It sets out the key facts: the amount lent, the terms of the mortgage, the current arrears, and the steps taken before proceedings were issued.
3. It enables the court to list a hearing at which both the lender and borrower can appear.
4. It triggers the court’s powers under the Administration of Justice Acts to adjourn or suspend the claim on terms.

The court does not simply rubber-stamp the lender’s application. It actively considers the borrower’s circumstances and, where there is a realistic prospect of the arrears being paid within a reasonable period, it will commonly adjourn the claim or make a suspended possession order to give the borrower the opportunity to pay.

Step-by-Step Guide to the N5B Process

Step 1 — The Pre-Action Protocol

Before any lender can properly issue N5B proceedings, it must comply fully with the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property. This Protocol sets out the steps a lender must take before issuing proceedings and the standards it must meet throughout the process. The key requirements are:

Contact and communication:
– The lender must try to contact the borrower as soon as arrears arise. This means making genuine attempts to speak to the borrower in person or by phone, not merely sending automated letters.
– The lender must provide the borrower with information about the arrears, including a full breakdown and the date from which they began to accrue.

Consideration of alternatives:
– The lender must consider whether the arrears can reasonably be addressed by capitalising them (adding them to the mortgage balance), extending the term, changing the repayment type (from capital repayment to interest-only), or accepting a temporary reduced payment arrangement.
– The lender must consider whether the borrower might be eligible for government support, such as Support for Mortgage Interest (SMI), and provide information about it.
– The lender should consider whether signposting the borrower to free debt advice (such as StepChange, National Debtline, or Citizens Advice) is appropriate.

Documentation:
– The lender must provide the borrower with a standard financial statement form to enable them to set out their income and expenditure if they wish.
– The lender must keep a record of all contact and all decisions made as to whether to proceed.

Timing:
– The lender should not normally issue proceedings within three months of the first arrears arising. This is not an absolute rule but reflects the spirit of the Protocol.
– The lender must give at least 15 business days’ notice before issuing proceedings, and that notice must set out the amount owed and what the borrower can do to avoid proceedings.

Courts will enquire about Protocol compliance at the hearing. A lender that has not followed the Protocol may find its claim stayed or adjourned, and may face adverse costs orders.

Step 2 — Complete Form N5B

Download the current version of Form N5B from the HMCTS website. The form requires the following information:

The property and the mortgage:
– Full address of the mortgaged property.
– The name of the mortgagee (lender) and the mortgagor (borrower).
– The date of the mortgage and the original amount advanced.
– The type of mortgage (repayment, interest-only, or part-and-part).
– The current outstanding balance.
– The current monthly instalment.
– The amount of arrears at the date of issue, with a full arrears history.
– The date from which arrears first arose.

Notice to the borrower:
– Confirmation that the Protocol has been followed.
– Details of any repayment arrangement offered or made, and whether it has been kept.
– Whether the borrower has been signposted to debt advice.

What the lender is claiming:
– Possession of the property.
– The ability to sell the property and apply the proceeds to the outstanding debt.
– In some cases, a money judgment for the outstanding balance where the sale proceeds are expected to be insufficient.

Complete every section accurately. Inaccuracies in the arrears figure or mortgage details are regularly scrutinised by the court and by borrowers who appear in person.

Step 3 — File at Court

File Form N5B at the County Court hearing centre for the district in which the property is situated. Pay the prescribed court fee at the time of filing (currently £391 for a standard possession claim — confirm the current figure on the HMCTS website before filing). Provide sufficient copies for service on the borrower(s) and any other relevant parties.

You must also notify the Local Authority Housing Department for the area in which the property is situated. The Pre-Action Protocol requires that the local authority is copied into the claim form when it is issued, so that the authority is aware that the borrower may be at risk of homelessness.

Step 4 — Service and the Hearing

The court will serve the N5B and the hearing notice on the borrower. The hearing is usually listed eight to ten weeks from the date of issue. The borrower will receive a form (commonly referred to as the mortgage arrears defence form, or Form N11M) which enables them to set out their financial position and their proposals for clearing the arrears.

At the hearing, the court will consider:

• Whether the lender has complied with the Protocol.
• The current level of arrears and the outstanding mortgage balance.
• The borrower’s financial position and their realistic ability to pay off the arrears.
• Whether the borrower has made or is making proposals to address the arrears.
• Whether the borrower needs more time, and if so, how long.

The court has the power under Section 36 of the Administration of Justice Act 1970 (as extended by the Administration of Justice Act 1973) to adjourn the proceedings or to make a suspended possession order where it appears likely that the mortgagor will be able to pay the sums due under the mortgage within a reasonable period.

Step 5 — Possible Outcomes at the Hearing

There are several possible outcomes:

Outright possession order: The court orders the borrower to give up possession on a fixed date, usually 28 days from the order. This will be made where there is no realistic prospect of the borrower ever clearing the arrears and the lender’s security is at risk.

Suspended possession order: The court makes a possession order but suspends it on terms — typically that the borrower pays the normal monthly instalment plus an agreed sum off the arrears each month. If the borrower keeps to the terms, possession is not enforced. If they default, the lender can apply to enforce the order by requesting a warrant.

Adjournment: The court adjourns the claim to give the borrower more time — for example, where the borrower is awaiting a benefits decision, is engaged in selling the property, or has just started a new job. The court will impose conditions.

Dismissal: In rare cases, particularly where the Protocol has not been followed or the lender’s paperwork is deficient, the claim may be dismissed.

The Borrower’s Position: What Can You Do?

If you receive Form N5B, do not ignore it. You have the right to attend the hearing and to ask the court to adjourn or suspend the possession claim. The court cannot help you if you do not appear.

You should:

1. Complete Form N11M (the mortgage possession defence form) and return it to the court before the hearing date, setting out your current income, expenditure, and any proposals for clearing the arrears.
2. Contact your lender and attempt to agree a repayment arrangement before the hearing. If you can demonstrate that you have already started making payments, the court will take this into account.
3. Seek free advice from StepChange, Citizens Advice, or a housing duty adviser at the court.
4. Attend the hearing. The court can only exercise its discretion to help you if you are present to give it the information it needs.
5. Consider applying for Support for Mortgage Interest (SMI) if you are receiving certain qualifying benefits.

The court will not make a possession order as a matter of routine where there is a realistic plan to address the arrears. Appearing, explaining your position, and demonstrating genuine commitment to repayment significantly improves your prospects of keeping your home.

Key Deadlines

• Pre-Action Protocol: all steps must be completed before proceedings are issued. There is no single fixed deadline, but the lender should normally wait at least three months before issuing.
• Court hearing: typically listed eight to ten weeks from issue. You must attend or file Form N11M before the hearing.
• Responding to a suspended possession order: if the court makes a suspended order and you subsequently default on the terms, the lender may apply immediately for a warrant of possession (Form N325). Act quickly if you fall into default again.

What Happens After a Possession Order Is Made?

If the court makes an outright possession order, the borrower must vacate by the date specified. If they do not, the lender applies for a warrant of possession and the County Court bailiff will attend to enforce it.

If a suspended possession order is in place and the borrower defaults on the terms, the lender can apply for a warrant without returning to court for a new hearing. However, the borrower can apply to suspend or set aside the warrant if there are good grounds to do so.

Once the lender takes possession, it will arrange to sell the property. Any net proceeds are applied first to the costs of sale, then to the outstanding mortgage debt and arrears. Any surplus is returned to the former borrower. If the sale proceeds are insufficient to cover the debt, the lender may seek a money judgment for the shortfall.

Common Mistakes to Avoid

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