N5 — Claim form for possession of property

N5 is the standard county court claim form used in England & Wales to start a possession claim, including Section 8 possession on assured / assured shorthold tenancies and possession of unregulated tenancies. Reference page sourced from GOV.UK, justice.gov.uk and legislation.gov.uk.

What it is: N5 is the standard county court claim form used in England & Wales to start a claim for possession of property. Unlike N5B (the accelerated, paper-decided route used only with a valid Section 21 notice), N5 is used whenever the court will need to consider evidence — most importantly for Section 8 claims under the Housing Act 1988 and after the Renters' Rights Act 2025 abolishes Section 21.

Statutory authority: Civil Procedure Rules Part 55 Section I (standard possession claims). N5 is the prescribed claim form published by HM Courts & Tribunals Service. The substantive grounds for possession of an assured tenancy sit under sections 7 and 8 of the Housing Act 1988 and Schedule 2 to that Act.

RRA 2025 status: active — N5 remains the standard possession claim form after the Renters' Rights Act 2025 abolishes Section 21. Any post-abolition possession claim — including all rent-arrears, anti-social behaviour and other Section 8 ground claims — uses N5 together with Particulars of Claim (Form N119).

When to use

• Starting a county court possession claim that relies on Section 8 of the Housing Act 1988 — for example, the mandatory rent-arrears ground (Ground 8), the discretionary persistent late-payment ground (Ground 11) or the discretionary anti-social behaviour ground (Ground 14).
• Bringing a possession claim against a tenant under any of the Schedule 2 grounds that survive the Renters' Rights Act 2025.
• Claiming possession together with a money judgment for rent arrears (use N119 Particulars of Claim alongside N5 to plead the arrears).
• Claiming possession of property let on a common-law tenancy or licence (e.g. owner-occupier letting a room), where Section 21 was never available.

When NOT to use

• Where you are relying solely on a valid Section 21 notice served before the Renters' Rights Act 2025 abolition — the accelerated N5B route is faster and decided on the papers.
• Where the property is in Scotland (use the First-tier Tribunal for Scotland (Housing and Property Chamber)) or Northern Ireland (use the County Court there).
• To recover rent arrears alone without seeking possession — use the standard money-claim procedure (N1 or Money Claim Online) instead.

Common mistakes that invalidate it

• Filing N5 without the supporting Section 8 notice (Form 3A) and proof of service.
• Pleading the wrong ground number on N119, or pleading a ground that is no longer available under the Renters' Rights Act 2025 amended Schedule 2.
• Failing to attach evidence required for the ground relied on (e.g. rent statement showing 3 months' arrears at both notice date and hearing date for Ground 8; EPC, gas safety certificate and deposit protection evidence for accelerated claims).
• Issuing in the wrong court — possession claims are normally issued in the county court hearing centre that serves the property's address.
• Forgetting the issue fee, or failing to apply for help with fees (Form EX160) where eligible.

Procedure

1. Serve the right notice first — For Housing Act 1988 grounds, serve a valid Section 8 notice (Form 3A) specifying every ground you intend to rely on and wait out the prescribed notice period. (https://www.gov.uk/evicting-tenants/section-8-and-section-21-notices-of-possession) 2. Gather your evidence — Tenancy agreement, the Section 8 notice with proof of service, rent statement (for arrears grounds), and any further evidence required for the ground (e.g. anti-social behaviour log). (https://www.gov.uk/evicting-tenants) 3. Complete Forms N5 and N119 — Use the current N5 claim form from GOV.UK together with N119 Particulars of Claim to plead the facts, ground number and arrears (where applicable). (https://www.gov.uk/government/publications/form-n5-claim-form-for-possession-of-property) 4. Issue at the county court with the fee — File at the county court hearing centre serving the property's address and pay the issue fee published on GOV.UK. Apply for help with fees on EX160 if eligible. (https://www.gov.uk/court-fees-what-they-are) 5. Attend the possession hearing — The court will list a hearing. Bring the original evidence pack and an up-to-date rent statement. The judge may make an outright order, a suspended order or, on discretionary grounds, adjourn or dismiss. (https://www.gov.uk/evicting-tenants)

FAQ

What's the difference between N5 and N5B? N5 is the standard possession claim form, decided after the court has considered evidence (and usually a hearing). N5B is the accelerated form used only where the claim relies wholly on a valid Section 21 notice — it is decided on the papers without a hearing. After the Renters' Rights Act 2025 abolishes Section 21, N5 becomes the only route for new possession claims.

Do I need to serve a Section 8 notice before filing N5? Yes for any claim relying on Housing Act 1988 grounds — you must serve a valid Section 8 notice (Form 3A) specifying the ground(s) and waiting out the prescribed notice period before issuing N5. The notice and proof of service must be filed with the claim.

Can I claim rent arrears as well as possession on N5? Yes. Use N5 together with N119 (Particulars of Claim) to plead both possession and a money judgment for arrears. The accelerated N5B route cannot determine a money claim.

Where do I file Form N5? Normally at the county court hearing centre that serves the property's address. The fee is the standard possession-claim issue fee published on GOV.UK; if you can't afford it, apply for help with fees on Form EX160 before issuing.

Sources: - Civil Procedure Rules Part 55 (justice.gov.uk) — https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55 - GOV.UK — Evicting tenants in England (possession claim overview) — https://www.gov.uk/evicting-tenants - GOV.UK — Make a claim for possession of a property (form N5) — https://www.gov.uk/government/publications/make-a-claim-for-possession-of-a-property-form-n5 - GOV.UK — Form N119: Particulars of claim for possession (rented residential premises) — https://www.gov.uk/government/publications/give-details-of-a-claim-for-possession-of-a-rented-residential-property-form-n119 - Housing Act 1988, Section 8 (legislation.gov.uk) — https://www.legislation.gov.uk/ukpga/1988/50/section/8 - Housing Act 1988, Schedule 2 — grounds for possession (legislation.gov.uk) — https://www.legislation.gov.uk/ukpga/1988/50/schedule/2 - Renters' Rights Act 2025 (legislation.gov.uk) — https://www.legislation.gov.uk/ukpga/2025/26/contents

Last reviewed: 2026-09-13. Next review: 2027-09-13.