What is Form N5?

Form N5 is the document which is used to initiate the process of reclaiming property under UK law.

Understanding form N5 is vital if you own your own home or rent it. The form serves as a primary instrument in both repossession and eviction proceedings.

It is typically filled out by a person or organisation, known as a claimant, who wishes to reclaim a certain property and is then submitted to the local county court. The claimant could be either a bank or a landlord.

If the court accepts the case, the form becomes a legal document and is issued to the home owner or tenant.

(Form N5, courtesy of the UK Government, reproduced under the Open Government Licence)

When will you encounter Form N5?

You will only ever encounter Form N5 if:

• Your home is being repossessed due to mortgage arrears or you are in breach of the terms of your mortgage agreement.
• As a tenant you are facing eviction due to rent arrears or breach of your tenancy agreement, and your landlord is initiating legal proceedings to regain possession of the property.
• You are classed as a squatter or unauthorised occupant in a property, and the owner or landlord is initiating legal proceedings to reclaim possession of the property.
• Or finally, as a landlord you are attempting to reclaim your property from either a tenant who has breached their contract’s terms, or unauthorised occupants (squatters).

What is included in Form N5?

Form N5 is a fairly simple to-follow four page document.

The first page includes a box for both the claimant’s and the defendant’s names and addresses and a box for the details of the property in question. There is also an area for the court to fill in, detailing when and where the claim will be heard. On the lower half, it advises defendants, saying “At the hearing, the court will consider whether or not you must leave the property” and tells you to get legal advice, fill in the defence form and attend the hearing.

Finally, it confirms the court fee, and the legal representatives’ costs, as well as a total. While these are typically paid by the claimant, in some cases the court can order them to paid by the defendant.

On the second page, the claimant details their grounds for possession (arrears, contract breach, unauthorised occupation). This specifies why they are making the claim, and if any anti-social behaviour or unlawful use of the property has taken place.

There are also tick boxes which ask the claimant if they are claiming either a demotion of tenancy or an order suspending the right to buy. These are tools typically used by public or social landlords such as councils and housing authorities and are typically unavailable to private landlords.

(The Statement of Truth in Form N5, courtesy of the UK Government, reproduced under the Open Government Licence)

Finally, the third and fourth pages contain a prewritten Statement of Truth. This is signed by the claimant or their legal representative.

The Statement of Truth is a declaration that the details provided in the document are true to the best of the signer’s knowledge. This is a critical part of ensuring honesty and accuracy in future legal proceedings.

If a claimant fails to be truthful in a document covered by a Statement of Truth, charges of contempt of court can be brought against them.

Form N5 does not contain the particular details of the claim. These are contained in the associated particulars of claim form. There are three types:

• N119 for a private rental property,
• N120 for a property held as collateral for a mortgage,
• and N121 for a property occupied without authorisation from the owner (squatted).

What does form N5 mean for you as a homeowner?

As a homeowner with a mortgage, encountering Form N5 usually indicates that you have fallen into mortgage arrears or have breached the terms of your mortgage agreement. This triggers your lender to initiate legal proceedings to reclaim possession of the property.

If a resolution cannot be reached with your lender, they will file a completed copy of Form N5 with your local county court to begin the legal process of property repossession.

Upon acceptance of the case by the court, you will be issued a copy of the completed Form N5. This form confirms the claim and informs you of the court hearing where the possession claim will be assessed.

It is imperative, upon receipt of Form N5, to seek legal counsel. Obtaining professional advice will guide you on how to prepare the appropriate defence form, Form N11M.

Ensure your attendance at the court hearing to present your case. Should you fail to attend the hearing, the judgment is likely to be rendered in favour of the claimant, your lender.

See: Stopping repossession of your home today

What does Form N5 mean for you as a tenant?

As a tenant, you will encounter Form N5 if you have defaulted on your rental payments or have violated the terms of your tenancy agreement.

Similar to the process for borrowers, if a mutually satisfactory agreement cannot be reached to resolve the dispute, your landlord is obligated to file a completed copy of Form N5 with the local County Court to proceed with eviction.

Once the court accepts the case, you, now the defendant, will be issued the completed form. This form outlines the claim and notifies you of the date and location of the court hearing where the possession claim will be heard.

Receiving Form N5 necessitates immediate action on your part. Securing legal advice is crucial as it will guide you on how to prepare the requisite defence form, Form N11R.

Attending the court hearing to defend your case is essential. A failure to attend the hearing generally results in a judgment favouring the claimant, your landlord. This often results in the court issuing an outright possession order, underscoring the importance of engaging with the legal process once Form N5 has been issued to you.

How is Form N5 used as a landlord?

Form N5 serves as a vital tool for landlords in the UK looking to reclaim possession of their property. It is used for dealing with both tenants who are either not paying rent or in breach of their contract, and unauthorised occupants, such as squatters.

If you are attempting to reclaim property from squatters or rogue tenants, you will need to submit a completed copy of Form N5. You should detail the grounds for possession, in the case of tenants providing evidence of any arrears, contract breaches, or other issues that warrant eviction.

Once completed, Form N5 is submitted to the local County Court, where it is reviewed to determine whether the case should proceed.

If the court accepts the case is legitimate, they will issue form N5 to the tenant and schedule a court hearing.  Form N5 serves as the official notice of the possession claim.

Landlords normally engage legal representatives to ensure Form N5 is completed accurately and to represent them during court hearings. It is always a good idea to hire formal legal representation when attempting to evict people. This is to ensure you do not fall into one of the potential legal pitfalls in the process.

Form N5B

Form N5B is a variant of Form N5, specifically tailored for accelerated possession proceedings. This is typically used when there is a written tenancy agreement and the landlord seeks possession of the property only, without any other claims like rent arrears.

It is substantially longer than form N5 and requires many more details. However, one of the advantages it offers is that it often requires no court hearing, provided all paperwork is in order and the case is straightforward.

Not all possession cases are eligible for accelerated proceedings, and legal advice should be sought when attempting to determine the appropriateness of using Form N5B.

In summary

Form N5, and its subvariant, Form N5B are vitally important legal instruments used by property owners such as banks and landlords when reclaiming property in the UK.

The Form is used in a variety of circumstances. This includes during mortgage repossessions and when evicting contract-breaking tenants and unauthorised occupants.

If you find yourself in receipt of Form N5, you should immediately seek legal advice and based on this should work to prepare a defence or arrange new accommodation.

Frequently asked questions

What is the main purpose of Form N5?

Form N5 is primarily used to initiate possession proceedings to reclaim a property under UK property law.

How does Form N5 differ from Form N5B?

While Form N5 initiates standard possession proceedings, Form N5B is used for accelerated possession proceedings, often expediting the process.

Who typically fills out Form N5?

Form N5 is usually filled out by the claimant, who could be a landlord, a mortgage lender, or their legal representative.

Where is Form N5 submitted?

Form N5 is submitted to the local county court.

What happens if the information in Form N5 is incorrect?

Providing false information on Form N5 can lead to legal penalties, including charges of contempt of court.

What are the costs associated with filing Form N5?

The costs include the court fee and possibly legal representation fees, which are typically paid by the claimant.

What if I cannot afford legal representation?

If you cannot afford legal representation, then you may be eligible for Legal Aid. This is a program designed to aid those who cannot afford legal representation.

You can check your eligibility for Legal Aid here.

If you’re ineligible for Legal Aid and cannot afford a legal adviser, other organizations like The Money Advice Service, National Debtline, LawWorks, Advocate, and Step Change Debt Charity offer free or low-cost assistance and advice.

Has this article been helpful? Let us know by leaving a short comment below.