Your tenant hasn't left after the notice expired? Here's how to apply for a court possession order to legally regain your property.
You must have served a valid eviction notice (Section 21 or Section 8) and the notice period must have expired before making a possession claim. Haven't served notice yet? Start with Section 21 or Section 8 template.
The type you use depends on which eviction notice you served.
For Section 21 notices only. Usually decided on paper without a court hearing.
For Section 8 notices and some Section 21 cases. Requires a court hearing.
What to expect from filing your claim to getting your property back.
Fill in form N5 or N5B with property details, tenant information, and grounds for possession. Attach a copy of your eviction notice and proof of service.
Our Complete Pack includes pre-filled templates with instructions.
Submit your claim to the county court that covers your property's location. You can file online via PCOL (Possession Claims Online) or by post.
Court fee: £355 (payable on submission)
The court sends a copy of your claim to the tenant along with a defence form. The tenant has 14 days to file a defence.
If they don't file a defence, you may get judgment in default.
N5B (Accelerated): Usually decided on paper. Judge reviews documents and makes order.
N5 (Standard): You attend a hearing to present your case.
Our Complete Pack includes witness statement templates for hearings.
If successful, the court issues a possession order giving the tenant 14-42 days to leave. This is a legally binding court order.
If they still don't leave, proceed to apply for a warrant of possession.
Our Complete Eviction Pack includes N5, N5B, N119 forms plus witness statement templates and step-by-step filing instructions.
Budget for these court fees when planning your possession claim.
| Item | Cost |
|---|---|
| Possession claim (N5 or N5B) | £355 |
| County court bailiff warrant (N325) | £130 |
| High Court enforcement (optional) | £66+ |
| Total (typical) | £485-550 |
Plus our Complete Pack (£199.99) — save £800-1,500 vs solicitor fees
See full eviction cost breakdownA possession claim is a legal application to the county court asking for an order that requires your tenant to leave the property. You can only make a possession claim after serving a valid eviction notice and the notice period has expired.
Form N5 is used for standard possession claims (Section 8 and some Section 21 cases) and requires a court hearing. Form N5B is for accelerated possession (Section 21 only) and is usually decided on paper without a hearing, making it faster.
The court fee is £355 for both standard (N5) and accelerated (N5B) possession claims. If you later need a bailiff warrant, that's an additional £130. Using a solicitor typically costs £1,000-2,000 on top of court fees.
Accelerated possession (N5B) typically takes 6-8 weeks from filing to order. Standard possession (N5) takes 8-12 weeks as it requires a hearing date. Add 4-6 weeks for bailiff enforcement if the tenant doesn't leave.
Yes. Tenants can file a defence within 14 days. For Section 21, defences are limited to procedural issues (invalid notice, deposit not protected). For Section 8, they can dispute the grounds or argue eviction would be unreasonable.
The judge reviews your evidence and hears both parties. For mandatory grounds (Section 8 Ground 8), the judge must grant possession if the ground is proved. For discretionary grounds, they consider whether eviction is reasonable.
If the court grants possession, they typically give the tenant 14 days to leave (or up to 42 days if the tenant claims exceptional hardship). After this date, you can apply for a bailiff warrant if they haven't left.
Yes, you can include a claim for rent arrears and costs in your possession claim using the same N5 form. The court can order the tenant to pay the arrears as part of the possession order.
Our Complete Pack includes everything for court: notices, forms, evidence checklists, and instructions.
Complete Eviction Pack includes N5, N5B, witness statements, and step-by-step instructions.
All Court Forms Included • Witness Statements • Step-by-Step Guide
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.