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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
← All Forms
N5
Civil
England & Wales
Reviewed 2026-08-24

N5 — Claim for Possession of a Property

Used with a 'particulars of claim' form to start county court proceedings to gain possession of a property you own, for example because of rent arrears or mortgage default.

This is a reference summary, not the official form (N5).

Do not file this page. Always download and submit the current official form from the issuing authority.

Open the official form

Who uses this form

Landlords and mortgage lenders (or their legal representatives) seeking a court order for possession of a property in England or Wales.

When to use it

Use N5 once you have completed the required pre-action steps (such as serving a valid notice) and need the court to order possession. If you are only claiming possession because of unpaid rent or mortgage payments and no other reason, you can use the online Possession Claim Online service instead of the paper N5.

Where to file

Send your forms to the county court nearest to the property you are claiming possession for.

Court fee

£415 (county court) or £559 (High Court) to issue a claim for possession (fees order 1.4).

Fee remission

Help with Fees (EX160) is available if you get certain benefits or have a low income.

Common mistakes to avoid

✕

Using the England version of N5 for a property in Wales (or vice versa) — separate forms exist because the grounds for possession differ

✕

Filing N5 without the matching particulars of claim form — N119 for a rented residential property, N120 for mortgaged premises, or N121 for trespassers

✕

Applying the pre-1 May 2026 grounds for possession as a private landlord in England, instead of the new and amended grounds introduced by the Renters' Rights Act 2025

✕

Sending the claim to your own local court instead of the county court nearest to the property

✕

Using the paper N5 process for a straightforward unpaid rent or mortgage claim when the online Possession Claim Online service would be quicker

Related Guides

Official source

Download / view form on GOV.UK or HMCTS

Always download forms directly from official government sources. Third-party copies may be outdated.