Form N120: Particulars of Claim for Mortgage Possession

At a glance

• What it is: the particulars of claim a mortgage lender files, together with claim form N5, to seek possession of residential property under CPR Part 55.
• Who uses it: mortgagees (lenders) only — not landlords possessing from tenants (Form N119) and not claims against trespassers (Form N121).
• Before issuing: the lender must normally have followed the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears — this Protocol does not apply to Buy to Let mortgages.
• The court's discretion: section 36 of the Administration of Justice Act 1970 lets the court adjourn, suspend, or postpone possession if the borrower is likely to pay what is due within a reasonable period.
• Accelerated balances: section 8 of the Administration of Justice Act 1973 lets the court treat only the instalment-based arrears as "due" for section 36 purposes, not an accelerated whole balance, where the mortgage has that kind of clause.
• Not every mortgage: section 38A of the 1970 Act excludes mortgages securing a regulated Consumer Credit Act agreement from section 36 — those cases instead use a CCA time order.
• Hearing timetable: fixed at issue; not less than 28 days from issue, with service of the claim on the borrower at least 21 days before the hearing (CPR 55.5).
• Defence form: Form N11M — sent to the borrower with the claim pack.

What Form N120 is and when it's used

Form N120 is the particulars of claim used specifically for a possession claim brought by a mortgagee over residential property in England and Wales. It does not start a claim by itself — it is filed and served together with Form N5, the general possession claim form, under Section I of CPR Part 55, the rules that govern all possession claims (CPR 55.2(1)(a)(ii); CPR 55.4).

Where the claim relates to a dwelling in Wales, the Welsh-specific equivalents (N5(W) and N120(W)) are used instead, reflecting the Renting Homes (Wales) Act 2016 modifications set out in Section V of Practice Direction 55A.

N120 is distinct from the forms used in other kinds of possession claim. A landlord recovering possession from a tenant on a residential tenancy uses Form N119; a claim against occupiers with no right to be there (trespassers) uses Form N121. Using the wrong particulars-of-claim form for the type of claim is a basic but consequential error, since PD 55A specifies different mandatory content for each. See our guide to county court forms for how N120 sits alongside the wider family of county court paperwork.

Before a claim can be issued: the Pre-Action Protocol

A lender is not free to issue a mortgage possession claim the moment a borrower misses a payment. The Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property sets out the conduct the court expects beforehand, and applies to first-charge regulated mortgages, second-charge and other regulated loans under the Consumer Credit Act 1974, and unregulated residential mortgages — but not to Buy to Let mortgages (Protocol, paragraph 4.3).

Under the Protocol, the lender must:

• give the borrower clear information about the current arrears, the outstanding balance, and any interest or charges that have been or will be added;
• take reasonable steps to discuss the reasons for the arrears and the borrower's proposals for repayment;
• consider — and respond in writing within 10 business days to — any repayment proposal the borrower makes;
• consider whether it is reasonable to extend the mortgage term, change the mortgage type, defer interest, or capitalise the arrears, rather than pursue possession; and
• treat starting a possession claim as a last resort, only once other reasonable attempts to resolve the position have failed.

The Protocol also requires the lender to postpone starting a claim in specific circumstances — for example where the borrower has submitted a claim for Support for Mortgage Interest or Universal Credit, has a pending insurance claim, is genuinely and actively marketing the property for sale at a realistic price, or has a confirmed appointment for free independent debt advice. Where the lender decides not to postpone, it must tell the borrower why, at least 5 business days before issuing.

What Form N120 must set out

Because Form N120 is a mortgage possession claim, it is subject to the general particulars-of-claim requirements in CPR 55.4 and the additional, more detailed requirements for mortgage claims in paragraph 2.5 of Practice Direction 55A. Every possession claim's particulars must identify the land, confirm whether it is residential, state the ground for possession, and give details of everyone the claimant knows to be in possession.

For a mortgage claim specifically, PD 55A 2.5 requires:

| PD 55A 2.5 requirement | What must be included | |---|---| | Family law land charges | Whether a Class F land charge, or a notice under the Matrimonial Homes Act 1983 or section 31(10) of the Family Law Act 1996, has been registered, and on whose behalf | | State of the mortgage account | The advance, periodic repayments, and interest required; a redemption figure (with costs and charges) as at a date within 14 days of the claim starting; the total outstanding if the loan is a regulated consumer credit agreement; and the interest rate at the start of the mortgage, immediately before the arrears began, and at the start of proceedings | | Arrears schedule | A two-year (or, if shorter, since-first-default) schedule of amounts due and paid, plus details of any other required payments — insurance, legal costs, default interest, administration charges — and whether these are in arrears | | Consumer Credit Act status | Whether the loan is a regulated agreement and, if so, the date any notice under sections 76 or 87 of the Consumer Credit Act 1974 was given | | Section 141 confirmation | Where relevant, details showing the property is not one to which section 141 of the Consumer Credit Act 1974 applies | | Defendant's benefit position | Whether the defendant receives social security benefits and whether payments are made directly to the claimant under them | | Tenancy details | Details of any tenancy between the borrower and lender, including notices served | | Previous recovery steps | Any earlier steps taken to recover the debt or the property, including the dates and outcome of any previous court proceedings |

If the lender wants to rely on an arrears history longer than two years, PD 55A 2.5A requires it to say so in the particulars and exhibit the fuller schedule to a witness statement, rather than cramming it into the form itself.

The court's power to adjourn or suspend: section 36 of the Administration of Justice Act 1970

Issuing Form N120 does not mean possession is automatic. Section 36 of the Administration of Justice Act 1970 gives the court a broad discretion once a mortgagee has brought a possession claim over a dwelling-house: if it appears the mortgagor is likely, within a reasonable period, to be able to pay the sums due under the mortgage or to remedy some other breach of the mortgage terms, the court may:

• adjourn the proceedings; or
• on giving judgment or an order for possession, or at any point before it is executed, stay or suspend execution of the order, or postpone the date for delivery of possession —

for whatever period the court considers reasonable, and on whatever conditions it thinks fit about ongoing or catch-up payments. The court can vary or revoke those conditions later if circumstances change (AJA 1970, s.36(1)–(4)).

This is the provision behind suspended possession orders — the borrower keeps the property provided they meet agreed terms, rather than being made to leave immediately.

Accelerated balances: section 8 of the Administration of Justice Act 1973

Many mortgage deeds provide that the whole outstanding balance becomes immediately payable if the borrower defaults, rather than just the missed instalments. Taken literally, that could make section 36 relief almost impossible — a borrower is rarely able to demonstrate they can pay off an entire mortgage balance "within a reasonable period."

Section 8 of the Administration of Justice Act 1973 closes that gap. For the purpose of deciding whether to exercise its section 36 powers, the court can treat as "due" only the amount the borrower would have had to pay if there had been no accelerated-payment clause — broadly, the arrears plus ongoing instalments. The court must still be satisfied the borrower can realistically pay both the arrears and the instalments that will fall due during the period allowed (AJA 1973, s.8(1)–(2)).

A note on regulated consumer credit mortgages

Section 36 does not apply to every mortgage. Section 38A of the Administration of Justice Act 1970 excludes mortgages securing a regulated agreement under the Consumer Credit Act 1974 — this typically covers most second-charge mortgages and other regulated consumer credit lending — from the whole of Part IV of the 1970 Act, including section 36. This is precisely why Form N120 requires the lender to state whether the loan is a regulated consumer credit agreement (PD 55A 2.5(4)).

Where a mortgage falls into this category, the borrower's equivalent protection is a time order under section 129 of the Consumer Credit Act 1974, which can be applied for in the defence or by a separate application notice within the proceedings (PD 55A, paragraph 7.1). The practical effect for the borrower can be broadly similar, but the legal route — and the evidence needed — is different, so it matters which regime applies to a given mortgage.

Notice to occupiers and other interested parties

Where a mortgagee seeks possession of residential property, CPR 55.10 imposes a specific notification duty on top of ordinary service of the claim. Within 5 days of being told the hearing date, the claimant must send a notice to:

• the property itself, addressed to "the tenant or the occupier";
• the housing department of the local authority covering the area where the property is; and
• any other registered proprietor of a registered charge over the property.

The notice must confirm that a possession claim has started, give the names and address of the parties and the issuing court, and give the hearing details. The claimant has to produce copies of the notices and evidence they were sent at the hearing itself (CPR 55.10(2)–(4)). An unauthorised tenant — someone occupying under a tenancy the lender did not consent to — can apply for the possession order to be suspended so far as it affects them.

Timeline: from issue to hearing

Mortgage possession claims are normally started in the county court hearing centre serving the area where the property is situated (CPR 55.3(1); PD 55A 1.1). Starting in the High Court is only appropriate in exceptional cases — genuinely complicated disputes of fact, or points of law of general importance — and High Court mortgage possession claims are assigned to the Chancery Division (PD 55A 1.3, 1.6).

Once issued:

• the court fixes the hearing date at the point of issue (CPR 55.5(1));
• the hearing date must be not less than 28 days after the claim form is issued, and the standard period between issue and hearing is not more than 8 weeks (CPR 55.5(3)(a)–(b));
• the borrower must be served with the claim form and particulars of claim at least 21 days before the hearing (CPR 55.5(3)(c));
• there is no requirement for the defendant to file an acknowledgment of service, and Form N11M can be used to respond, but failing to respond does not prevent the defendant attending and being heard (CPR 55.7); and
• at the first hearing, the court can either decide the claim or give case-management directions — for example, allocating a genuinely disputed claim to a track (CPR 55.8, 55.9).

Fees apply at each stage of a possession claim — issuing the claim, and, later, applying for a warrant of possession if an order is made and not complied with. The current figures are published on GOV.UK's civil court fees (EX50) page and are revised periodically, so check the up-to-date amount before filing rather than relying on a figure quoted elsewhere.

A worked illustration

The following is a fictional example to illustrate how the pieces fit together — it is not a description of any real case, and outcomes always depend on the individual facts and evidence before the court.

Priya, a fictional borrower, falls three months behind on her mortgage after a period of reduced income. Her lender writes with an arrears statement and asks about her circumstances, as the Pre-Action Protocol requires. Priya proposes a temporary reduced payment plan; the lender does not agree to it and, after the Protocol's steps have run their course, issues a possession claim using Form N5 and Form N120.

The N120 sets out the mortgage advance, the current arrears schedule for the past two years, the redemption figure, and confirms the mortgage is not a regulated consumer credit agreement — meaning section 36 of the Administration of Justice Act 1970 is available to the court. The hearing is listed just over four weeks after issue. Priya is served with Form N11M and completes it, setting out her current income, a firm new repayment proposal, and evidence of a recent pay rise.

At the hearing, the district judge considers whether Priya is likely, within a reasonable period, to be able to pay the arrears and keep up the ongoing instalments. Satisfied by her evidence, the judge makes a possession order but suspends it on terms — provided Priya pays the current instalment plus an agreed sum towards the arrears each month, she remains in the property.

Common mistakes and pitfalls

• Skipping or rushing the Pre-Action Protocol. Failing to give proper arrears information, or not genuinely considering a borrower's repayment proposal, can lead the court to adjourn the claim or refuse to make an order, and can affect costs.
• Vague or incomplete figures on Form N120. PD 55A 2.5 is specific — a redemption figure as at a stated date, a two-year arrears schedule, and the interest rate at three separate points are all required. Gaps invite questions from the judge and can push the hearing back.
• Getting the Consumer Credit Act status wrong. Because section 36 of the 1970 Act does not apply to regulated consumer credit mortgages, an incorrect answer on this point can send the case down the wrong legal route entirely.
• Missing the occupier notices. The CPR 55.10 notices to the property, the local authority, and any other chargeholder are separate from serving the claim on the borrower, and evidence of sending them must be produced at the hearing.
• Borrowers not responding at all. Not filing Form N11M, or not attending the hearing, does not stop the claim — but it does remove the opportunity to put evidence of an ability to pay before the court, which is exactly what section 36 relief depends on.
• Assuming the full accelerated balance is what has to be repaid. Section 8 of the Administration of Justice Act 1973 means the real question is usually the arrears and ongoing instalments, not the whole mortgage debt — borrowers (and sometimes advisers) can be put off by the headline balance shown in the claim.

What to do next

1. If you are preparing a claim: confirm the Pre-Action Protocol steps are complete and documented, gather the mortgage deed, up-to-date statement of account, and arrears schedule, and work through PD 55A 2.5 line by line before completing Form N120.
2. If you have just been served with Form N120: read it alongside the accompanying N7 notes for defendants, note the hearing date, and start gathering evidence of your income and any repayment proposal.
3. Complete and return Form N11M setting out your circumstances, any dispute about the figures, and your proposals — do this even if you cannot pay everything you owe immediately.
4. Check whether your mortgage is a regulated consumer credit agreement. This affects whether section 36 of the Administration of Justice Act 1970 or a Consumer Credit Act time order is the relevant route to relief.
5. Attend the hearing. Courts and duty advice schemes, where available, exist precisely because attending and engaging materially changes outcomes in possession cases.
6. Get early advice. Citizens Advice, a housing adviser, or a solicitor can help you understand your options and prepare evidence before the hearing date arrives — see our wider guide to county court terminology if the language in the claim pack is unfamiliar.

This guide provides general information about Form N120 and mortgage possession claims in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.