Apply for a Possession OrderApply for a Possession Order
Your eviction notice has expired but your tenant has not left. Here is how to apply to the court for a possession order using Form N5B or N5.
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If your notice has expired, move straight to the court stage with the complete pack.
Types of Possession Claims
There are two routes to court depending on which notice you served. Choose the right one for your situation.
Accelerated Procedure
Section 21 OnlyPaper-based process with no court hearing required. The judge reviews documents and issues an order if valid. See our accelerated possession (N5B) guide.
Use when:
- You served a valid Section 21 notice
- You are NOT claiming rent arrears
- Tenancy is Assured Shorthold (AST)
Forms needed:
- • Form N5B (claim form)
- • Form N215 (certificate of service)
- • Copy of Section 21 notice
- • Copy of tenancy agreement
Need the full case bundle?
We can prepare the possession paperwork and guide each filing step.
Standard Procedure
Section 8 or With Money ClaimRequires a court hearing where both parties can attend. Use for Section 8 or when claiming rent arrears.
Use when:
- You served a Section 8 notice
- You want to claim rent arrears too
- Accelerated procedure not available
Forms needed:
- • Form N5 (claim form)
- • Form N119 (particulars of claim)
- • Copy of eviction notice
- • Copy of tenancy agreement
Pro tip: If you served both Section 21 and Section 8 notices, you can use either route. N5B is faster if your Section 21 is valid and you do not need to claim rent.
Court Fees and Costs
Understanding the full cost of court action helps you plan. Here is a complete breakdown.
| Item | Cost | Notes |
|---|---|---|
| Possession claim (N5B or N5) | £355 | Same fee for both routes |
| Warrant of possession (N325) | £130 | If tenant does not leave after order |
| High Court enforcement (optional) | £66+ | Faster than county court bailiffs |
| Total (typical case) | £485 | Claim + warrant |
Fee Remission Available
If you receive certain benefits or have low income, you may be eligible for reduced court fees. Apply using Form EX160.
Fees Non-Refundable
Court fees are not refunded if the tenant leaves before the hearing or if your claim fails. Ensure your notice is valid before applying.
How to Apply: Step by Step
Follow these steps to submit your possession claim to the county court.
Gather Your Documents
Before completing the forms, collect all required documents.
- Original eviction notice
- Tenancy agreement
- Proof of service (certificate or recorded delivery)
- Deposit protection certificate
Complete the Court Forms
Fill in the appropriate forms accurately. Errors can delay your case.
Form N5B + Form N215
Form N5 + Form N119
Submit to the Correct Court
Send your claim to the County Court that covers the property address.
Via Possession Claims Online (PCOL)
To the local county court
Pay the Court Fee
Pay £355 by card (online), cheque, or at the court counter.
Court Serves the Tenant
The court sends your claim to the tenant, who has 14 days to respond.
- N5B: If no defence, judge reviews on paper
- N5: Hearing date scheduled (6-12 weeks)
Possession Order Granted
If successful, the court grants a possession order giving the tenant 14-42 days to leave.
What Happens at the Possession Hearing
For standard possession claims (N5), you will need to attend a court hearing. Here is what to expect.
Before You Arrive
- Bring all original documents
- Prepare a rent schedule if claiming arrears
- Arrive 30 minutes early
- Dress smartly (no suit required)
During the Hearing
- Typically 15-30 minutes
- Judge asks about notice and grounds
- Tenant may offer to pay or request time
- You can represent yourself
Possible Outcomes:
Outright Order
Tenant must leave by specified date (14-42 days)
Suspended Order
Tenant stays if they pay rent + arrears
Postponed Order
Possession delayed on terms set by court
After the Possession Order: What If Tenant Does Not Leave?
If the tenant does not vacate by the order date, you will need to apply for a warrant of possession.
Warrant of Possession (Form N325)
A warrant of possession authorises county court bailiffs to physically remove the tenant and their belongings from your property.
Important: You still cannot change locks yourself even with a possession order. Only bailiffs can legally remove the tenant.
Get All Court Forms Ready to Submit
N5B, N5, N119, N215, witness statements, and step-by-step instructions. Everything you need for your possession claim.
Possession Order: Frequently Asked Questions
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For general information only. This page provides educational content about UK landlord law and is not legal advice. Laws vary by jurisdiction and change over time. For advice specific to your situation, consult a qualified solicitor.