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Possession Claim Guide

Understand when landlords use N5 or N5B, what paperwork the court usually expects, and how to prepare a stronger possession file once the notice stage has expired.

This guide explains how landlords usually move from notice stage to court stage, what the difference is between accelerated possession and standard possession, what costs to expect, and where weak possession files usually go wrong.

Reviewed

21 March 2026

Applies to

England only

Current position

This guide is written for england only and should be read alongside the current possession route for that jurisdiction.

Start here if you need the main guide on this issue. If your situation is narrower or you want the next practical step, go to N5B possession claim guide.

If you want the wider background first, read eviction process in the UK.

Ready to act? The quickest route from here is complete eviction pack for England.

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Before You Apply

Landlords usually need a valid notice in place before starting a possession claim. If the notice stage is not complete yet, start there first with Section 21 or Section 8.

Two Main Possession Claim Routes

The route usually depends on the notice you served, whether the claim is document-based, and whether you also need arrears dealt with in the same court action.

Often Faster

Accelerated Possession

Form N5B

Usually used after a Section 21 route where the landlord is asking mainly for possession and the court can often review the paperwork without a full hearing.

  • Often document-based
  • Usually quicker than standard possession
  • Court issue fee still applies
  • Usually not the route for a combined arrears judgment
Learn more about N5B

Standard Possession

Form N5

Usually used where the claim includes a hearing stage, such as many Section 8 routes, and where the court needs to consider the evidence and legal route more fully.

  • Usually involves a hearing
  • Often slower than accelerated possession
  • Court issue fee still applies
  • Can often sit alongside an arrears claim
Get court forms in Complete Pack

The Possession Claim Process

What landlords usually move through once the notice period has expired and the tenant has not left.

1

Review the file before issue

Before making the claim, landlords usually review the notice, service evidence, tenancy records, and compliance documents. Weak files often fail because the court stage is started before the notice stage has really been checked properly.

This is usually where Complete Pack becomes valuable.

2

Complete the court forms

The landlord prepares the relevant possession paperwork, usually N5B for accelerated possession or N5 and related forms for standard possession. The key issue is not just completing the form, but making sure the supporting file is consistent with it.

Court forms are only as strong as the file behind them.

3

Issue the claim with the court

The claim is filed with the county court together with the issue fee. At that point, the court process formally starts and the tenant is served through the court process.

The usual issue fee is £355.

4

The tenant may respond or defend

The tenant can respond to the claim. In practical terms, this usually means the court looks more closely at the notice, the route used, the grounds relied on, or the file quality.

Defences often expose file weakness rather than create it.

5

Paper decision or hearing

In accelerated possession, the judge may decide the case on the papers if the file is clear enough. In standard possession, the claim usually moves to a hearing where the judge considers the route, evidence, and any defence.

Clear documents often make the difference here.

6

Possession order and enforcement if needed

If the claim succeeds, the court usually makes a possession order giving the tenant time to leave. If the tenant still does not go, the landlord may then need to move to enforcement.

The next stage is often a warrant of possession.

Get The Court Forms And Guidance Together

Complete Pack is built for landlords who have already moved beyond notice stage and need the court paperwork, supporting templates, and filing guidance together.

Possession Claim Costs

The court fee is only one part of the overall possession-stage cost. Landlords usually also need to think about enforcement and whether weak preparation creates delay or repeat work.

ItemTypical cost
Possession claim issue fee£355
County court bailiff warrantUsually extra
Further enforcement or extra stepsVaries
Main cost riskDelay from weak paperwork

Complete Pack (£89.99) helps landlords avoid piecing the court stage together manually.

See full eviction cost breakdown

Frequently Asked Questions

A possession claim is a court application asking for an order that requires the tenant to leave the property. Landlords usually make a possession claim after serving a valid eviction notice and waiting for the notice period to expire.
Form N5 is generally used for standard possession claims, including most Section 8 routes and some non-accelerated claims. Form N5B is used for accelerated possession, usually after a Section 21 route, and is often decided on the paperwork without a hearing.
The usual court fee for issuing a possession claim is £355. If the tenant does not leave after the possession order and you need county court bailiffs, there is usually an additional warrant fee.
Accelerated possession may move more quickly because it is often document-based. Standard possession usually takes longer because it includes a hearing stage. Overall timing depends heavily on court backlog, file quality, and whether the tenant files a defence.
Yes. A tenant can file a defence. In practical terms, that often means the court looks more closely at the notice, the compliance position, the grounds relied on, and the evidence in the file.
At a possession hearing, the judge reviews the claim, hears the parties, and decides whether possession should be ordered. The hearing is usually focused on the legal route, the evidence, and whether the landlord has proved the claim properly.
In many standard possession claims, yes. That usually depends on the route being used and the paperwork filed. Accelerated possession is usually focused on possession rather than a combined arrears judgment.
If the court grants possession, it usually gives the tenant a period to leave. If the tenant still does not go, the landlord may then need to apply for enforcement, such as a warrant of possession.

Move From Notice Stage To Court Stage Properly

Use Complete Pack if the notice stage is done and you now need the court forms, supporting templates, and filing guidance together.

All court forms included • Witness statements • Step-by-step guide