Court Form N5 - Claim form for Possession of Property
This is the Court form a landlord or property owner uses to apply to the court for a possession order for residential property that has been let on an assured shorthold tenancy (AST).
Court Form N5 - Claim form for Possession of Property
Court Form N5, or Claim form for Possession of Property, is an important document used in the UK Court system when someone needs to claim possession of property. It serves as a formal statement to the Court where a tenant has breached their tenancy agreement and the landlord is seeking possession of the property.
The Court Form N5 must be filled out accurately and filed with the Court along with a fee before it can be processed. Depending on which Court you are using, there may be additional documents required. It's important to check that all sections have been completed correctly and that any necessary supporting documents have been supplied - otherwise your claim could be rejected by the Court
Service of Court Form N5 - Claim form for Possession of Property
In order for service to be done properly, you'll need to make sure that Court Form N5 is sent to the tenant in the correct format. The Court does not provide a service for delivering Court documents, so you must arrange for them to be served by an authorised process server or sheriff's office
Failure to correctly serve Court Form N5 can mean your case takes longer than necessary, and in some cases, the Court may reject it altogether. It's important to check with your local Court before filing Court Form N5 as there are sometimes changes to the rules depending on where you live
Court Form N5 is critical when claiming ownership of your property. Make sure to fill it out correctly and serve it using an authorised process server or the sheriff's office - if not, you might extend the Court process or cause your claim to be denied. Check with your local Court before filing Court Form N5 so that you can arrange delivery properly. This will help make sure everything goes smoothly and efficiently as possible so that you obtain possession of what rightfully yours in a timely manner.
How do I submit Court Form N5 - Claim form for Possession of Property?
Once Court Form N5 is filled out, it needs to be filed with the Court in person or by post, along with a fee. The Court may require additional documents, depending on which Court you are using. Once Court Form N5 is submitted, the Court will send out the form to the tenant through an authorised process server or sheriff's office for service. The tenant then has 14 days to respond and can file an application for a hearing if they so wish. If no response is received from the tenant within 14 days of service, you can apply for a possession order without a court hearing
Please keep in mind that if you want to file a Court Form N5 - Claim form for Possession of Property, it is crucial that you serve the documents correctly. If not, there could be undesirable delays or potential rejection. To avoid any complications, make sure to check with your local court before filing anything so they delivery can go smoothly and you can get what's rightfully yours as soon as possible.
What is a Claim for Possession?
A Claim for Possession is when a landlord or other person with an interest in the property asks the Court to take possession of it. It is most commonly used when tenants have breached their tenancy agreement and the landlord wants to regain possession of the property. A Court Form N5, which outlines details of the claim, must be filled out and submitted to Court before any action can be taken. Once Court Form N5 has been submitted, it is then served on the tenant who has 14 days from service to respond. If no response is received within that time frame, you can apply for a Court Order without a hearing for possession of the property
If the tenant does respond and applies for a hearing, both parties will need to attend Court and present their cases before a Judge. The Court will then make a decision based on the evidence presented. So it is important to ensure Court Form N5 is filled out correctly the first time around, as it can save you time and money if done right.
How much does a possession order cost?
The Court fee for Court Form N5 - Claim form for Possession of Property is usually between £50-£355 depending on the value of the property. This does not include additional Court costs or fees for a hearing if required. It’s important to check with your local Court before submitting Court Form N5 in order to get an accurate estimate of the Court fees involved.
Can I claim court costs from my tenant?
Yes, Court costs can be claimed from your tenant. However, it’s important to note that Court fees cannot be recovered from a tenant until the Court has made an order for possession and ordered payment of the Court costs (unless otherwise agreed).
What happens if I make a mistake on Court Form N5 - Claim form for Possession of Property?
If Court Form N5 is filled out incorrectly, it can lead to delays or even rejection of your claim. Therefore, it’s important to double-check everything and make sure Court Form N5 is filled out correctly before submission. If you do make a mistake, contact your local Court as soon as possible so they can advise you on the necessary steps to take to rectify the issue.
How to complete an N5 Claim Form
(You can download the N5 Claim Form at the bottom of this page)
In The...... (top right hand corner)
This is where you put the name of the court nearest to the property you are seeking possession of. A simple way of finding this is by using the Court and tribunal finder service here: court finder service
Claim Number and Fee Details
Leave this blank for the Court to complete on receipt of the claim form.
This is where you put the name including title and address of the landlord and more than one if there are joint landlords.
You need to list all the tenants including their titles and full names and their address.
The claimant is claiming possession of :
Write the address/name of the property you wish to claim possession of.
This claim will be heard on:
Leave this for the court to complete.
Defendant’s name and address for service
This is the address the court service will use to notify the tenants about the court claim for possession. List all tenants and their addresses and use a separate piece of paper if necessary.
Insert the amount you need to pay the Court currently £355.
Leave this blank for the court to complete.
Grounds for possession The claim for possession is made on the following ground(s):
Tick the relevant box for your situation. The most common is rent arrears but if this claim for possession follows a Section 21 Notice and there is rent outstanding then tick rent arrears and other.
Is the claimant claiming demotion of tenancy? Is the claimant claiming an order suspending the right to buy?
The answer is usually 'no' but if the answer is 'yes' you may wish to consider getting legal advice due to the complexity and risk.
* (I believe)(The claimant believes) that the facts stated in this claim form are true. * I am duly authorised by the claimant to sign this statement
Where the claimant is an individual you state 'I believe' but where the claimant is a limited company you use the second phrase 'the claimant believes'.
DOWNLOAD N5 CLAIM FORM NOW
Go to: Particulars of claim Form N119A