Form N120 UK: Mortgage Possession Claim Guide
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When a borrower falls behind on their mortgage and the lender decides to recover the property through the courts, Form N120 is the document that sets out the lender's case. It is the particulars of claim used specifically for possession of mortgaged residential premises in England and Wales, and it sits alongside the main claim form (N5) when possession proceedings are issued.
The form captures everything the court needs to understand the mortgage, the arrears, and why possession is being sought. Getting it right matters. Mistakes, missing information, or weak supporting evidence can delay the hearing or cause the court to refuse the order.
This guide walks through what N120 does, who uses it, how each section works, and the steps involved before a hearing is listed. It is written for lenders, litigation support staff, and borrowers who want to understand what a claim against them contains.
What this document is
Form N120 is the standard particulars of claim used by a mortgage lender (the claimant) when applying to the county court for a possession order against a borrower (the defendant) who has defaulted on their home loan. It does not start the claim on its own.
It is filed together with Form N5, the claim form for possession, and the two documents work as a pair. The N120 is where the lender sets out the detail: who holds the mortgage, the property address, the outstanding balance, the arrears position, any tenants living at the property, and exactly what order the court is being asked to make.
Possession claims of this kind are usually heard under the Civil Procedure Rules Part 55 procedure, which has its own timetable and requirements for service on the borrower and any occupiers. The form also requires a signed statement of truth, meaning the person signing confirms the facts are accurate and understands the consequences of a false statement.
How to use this document
- Confirm the mortgage is in genuine default and pre-action steps are complete. Before issuing a claim, the lender must follow the Pre-Action Protocol for Possession Claims based on Mortgage Arrears. That means contacting the borrower about the arrears, considering their proposals, and treating court action as a last resort. Skipping these steps can see the claim struck out or costs refused. 2. Gather the underlying documents and figures. You will need the mortgage deed or legal charge, the latest statement of account, a breakdown of arrears, details of any insurance or other sums added to the balance, and records of correspondence with the borrower. Accurate figures as at the date of issue are essential because the court relies on them when deciding what order to make. 3. Complete Form N120 carefully. Work through each section in order: the claimant's right to possession, mortgage details, information about the defendant, any tenancy affecting the property, what the court is asked to do, and the statement of truth. Be specific with dates, amounts, and references. Vague entries invite questions from the district judge and can push the hearing back. 4. File with Form N5 at the correct county court and pay the fee. The claim is usually issued in the county court hearing centre covering the area where the property is located. Check gov.uk for the current court fee, as these are updated periodically. Once issued, the court will list a hearing date, typically several weeks ahead. 5. Serve the claim and notify any occupiers. The lender must serve the claim pack on the borrower and, under CPR 55, also send notice to any other occupiers of the property so they have an opportunity to be heard. Proof of service should be kept and filed as required. Continue to engage with the borrower in case the arrears are cleared or a repayment plan is agreed before the hearing.
Common questions
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Common questions
Q Who uses Form N120?
Form N120 is used by mortgage lenders, or their legal representatives, when bringing a possession claim over residential property in England and Wales where the borrower has defaulted. It is not used for rented property possession, which has its own forms such as N119. If you are the borrower, you will see N120 as part of the claim pack served on you, setting out the lender's case for why it is entitled to possession.
Q Does filing N120 mean eviction is automatic?
No. Filing the form starts court proceedings but the judge still has discretion, particularly where the borrower can show they can clear the arrears within a reasonable period. The court can make an outright possession order, a suspended order on terms, adjourn the hearing, or dismiss the claim. Many cases settle or are paused when the borrower engages and makes realistic proposals to repay.
Q What happens at the first hearing?
The first hearing is usually short, often listed in a block with other possession cases. The district judge will consider the lender's evidence, hear from the borrower if they attend, and decide what order is appropriate. Borrowers are strongly encouraged to attend and to speak to the duty adviser at court if one is available, as this can make a real difference to the outcome.
Q What is the statement of truth on N120?
The statement of truth is a signed declaration that the facts in the particulars of claim are true to the signer's knowledge. Signing without an honest belief in the contents can amount to contempt of court and carries serious consequences. It should be signed by someone with proper authority at the lender, or by the solicitor on the record, and the capacity of the signer should be stated clearly.
Q Can a borrower defend a claim issued on N120?
Yes. A borrower can file a defence, dispute the figures, raise issues about how the mortgage was administered, or ask the court to exercise its powers to suspend possession while arrears are repaid. Borrowers may also raise matters such as unfair terms, regulatory breaches, or forbearance failings. Getting early help from a housing adviser, Citizens Advice, or a solicitor improves the chances of a workable outcome.
Q What if someone other than the borrower lives at the property?
Any tenants or other occupiers must be notified of the claim under CPR 55 so they can apply to be heard. If there is a tenancy, details are recorded in the tenancy section of N120. The status of an occupier, for example whether a tenancy was granted with or without the lender's consent, affects what the court can order and whether the occupier has their own rights to remain.
Q How long does a possession claim take from N120 to hearing?
Timescales vary between court centres but a first hearing is often listed several weeks after issue. If a possession order is made and not complied with, the lender may need to apply for a warrant of possession, which adds further time. The overall process from issue to actual possession commonly takes months, longer where the borrower engages, makes payments, or the case is adjourned.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N120: Particulars of claim (mortgaged residential premises) on gov.ukgov.uk
- Guidance · HMCTSCivil Procedure Rules Part 55: Possession Claimsjustice.gov.uk
- Guidance · HMCTSPre-Action Protocol for Possession Claims based on Mortgage Arrearsjustice.gov.uk
Legal helpline
Unsure what a mortgage possession claim means for you?
Form N120 proceedings move quickly and the detail in the paperwork matters, whether you are issuing a claim or responding to one. An experienced legal adviser can talk you through what the form covers and what to focus on, based on what you describe on the call.
- A plain-English walkthrough of what N120 sets out in your situation
- Practical perspective on the Part 55 process and likely next steps
- Clarity on what the court looks for at a possession hearing
- Answers to your specific questions about arrears, defences, or timing
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.