Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you are a landlord trying to recover a rented property through the courts, Form N5 is usually the starting point. It is the claim form used in England and Wales to begin possession proceedings for residential property, including properties let on an assured shorthold tenancy.
Getting the form right matters, because mistakes can push your hearing back by weeks or cause the court to reject the claim entirely. This guide walks through what the form does, when it is the right form to use, how it fits alongside other possession paperwork, and what to expect once proceedings begin.
It is written for landlords and property owners who want to understand the process before committing time and money to the courts. If you would prefer to talk it through with someone experienced, you can book a call with a legal adviser at the bottom of this page.
What this document is
Form N5 is the county court claim form used to start a possession claim for land or residential property in England and Wales. Landlords most often use it when seeking possession after serving a Section 8 notice (for example, for rent arrears or another breach of tenancy) or alongside a Section 21 notice where the accelerated procedure is not being used.
The form asks you to set out who the parties are, the address of the property, the grounds on which you are claiming possession, and whether you are also seeking money (such as unpaid rent) or costs. Form N5 is usually filed together with supporting paperwork.
For rent arrears claims, that typically means Form N119 (particulars of claim for possession). If you are using the accelerated procedure following a Section 21 notice on an assured shorthold tenancy, a different form, N5B, is used instead. Choosing the correct route at the outset saves time and reduces the risk of the court refusing to issue the claim.
How to use this document
Work out which procedure applies. Before filling in anything, decide whether you are bringing a standard possession claim (Form N5) or an accelerated possession claim (Form N5B). Accelerated claims only apply to assured shorthold tenancies where a valid Section 21 notice has been served and you are not claiming rent arrears. If you want to claim arrears as well, you will usually need the standard route with Form N5 and Form N119.
Complete Form N5 accurately. Fill in the claimant and defendant details, the property address, the type of tenancy, the date it began, and the grounds you are relying on. Attach the particulars of claim and any supporting evidence such as the tenancy agreement, the notice served on the tenant, and a rent schedule if arrears are involved. Double-check dates, because small errors can invalidate the claim.
Issue the claim at the correct court. Possession claims for residential property must normally be issued in the county court hearing centre that covers the area where the property is located. You can file by post or through the relevant online service where eligible. A court fee applies when the claim is issued, and the amount depends on what you are claiming. Check gov.uk for the current fee before submitting.
Serve the claim on the tenant. The court will usually serve the claim form and documents on the defendant, but you should confirm this when issuing, because rules vary and in some cases the claimant is responsible. Service must comply with the Civil Procedure Rules. If service goes wrong, the hearing can be delayed or the claim struck out, so keep copies of everything and note delivery dates.
Prepare for the hearing. Once the claim is issued, the court will set a hearing date, typically within a few weeks. Bring the original tenancy agreement, notices served, proof of service, an updated rent schedule if relevant, and anything else referred to in your particulars of claim. The judge will decide whether to grant an outright possession order, a suspended order, or to adjourn the matter.
Form N5 is the standard possession claim form and is used when you are relying on Section 8 grounds, claiming rent arrears, or dealing with a tenancy that does not qualify for the accelerated procedure. Form N5B is reserved for accelerated possession claims following a Section 21 notice on an assured shorthold tenancy, where no money claim is being made. Using the wrong form will normally result in the court returning your paperwork.
Q How much does it cost to issue a possession claim?
A court fee is payable when you issue Form N5, and the amount depends on whether you are also claiming money and how much. Additional costs may apply later, for example if you need a warrant or writ of possession to enforce the order. Fees are reviewed regularly, so check the current figures on gov.uk before filing. Fee remissions may be available in limited circumstances based on income and savings.
Q Do I need to serve a notice before filing Form N5?
In most residential tenancy cases, yes. A Section 8 or Section 21 notice (or both) must usually be served on the tenant before possession proceedings can start, and the notice must have expired. The form and timing of the notice depend on the tenancy type and the grounds relied on. If the notice is defective, the court can dismiss the claim, so the notice stage is just as important as the claim itself.
Q Can I claim unpaid rent and possession in the same claim?
Yes. When you use Form N5, you can combine a possession claim with a money claim for rent arrears and ongoing daily rent until possession is given up. Form N119 is used to set out the particulars, including the arrears schedule. Combining them is often more efficient than bringing separate proceedings, though it does affect the court fee and may require a hearing rather than a paper decision.
Q What happens at the first hearing?
At the initial hearing the judge considers the paperwork, hears from both sides, and decides how to proceed. Possible outcomes include an outright possession order, a suspended order (often tied to the tenant paying ongoing rent plus arrears), a postponement, or dismissal if the claim has problems. If the tenant does not attend and the papers are in order, the judge can still make an order. Bring all original documents with you.
Q What if the tenant does not leave after a possession order?
A possession order on its own does not physically remove the tenant. If the tenant stays beyond the date ordered by the court, you will usually need to apply for a warrant of possession (county court) or, in some cases, transfer up for a writ of possession in the High Court. Bailiffs or High Court enforcement officers then carry out the eviction. You cannot lawfully change the locks or remove the tenant yourself.
Q Can I fill in Form N5 myself or do I need a solicitor?
There is no legal requirement to instruct a solicitor, and many landlords complete Form N5 themselves. That said, possession claims are technical, and errors on the form, in the notice, or in service can be expensive to fix. If your case is straightforward (clear arrears, well-documented tenancy, valid notice) DIY is realistic. For contested cases, disrepair counterclaims, or complex tenancy histories, professional help is often worth the cost.
Possession claims turn on small details: the notice you served, the tenancy type, and whether you are claiming arrears alongside possession. An experienced legal adviser can help you think through your options based on what you describe on the call, before you commit to filing.
✓Plain-English answers to your specific questions about the possession process
✓Practical perspective on whether Form N5 or the accelerated route fits your situation
✓Guidance tailored to what you describe about your tenancy and notice
✓A clearer sense of what to watch out for before you file
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
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.