Combining Possession and Rent Arrears in One Claim (CPR Part 55)

Last reviewed: 27 September 2026 — England

General information only. This article describes the law in England as at the date shown above. It is not legal advice and is not a substitute for advice on your case. For free regulated advice, contact a Law Centre, Citizens Advice or Shelter England. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives free early legal advice to anyone at risk of losing their home from the moment they receive written notice, and on-the-day advice and representation at possession hearings, whatever their income. Find a provider at find-legal-advice.justice.gov.uk.

Why Combine the Claims

A common confusion at the start of a possession claim is whether the landlord needs to issue:

• Two claims: an N5 + N119 for possession in the County Court, AND a separate MCOL claim for the money.
• One claim: an N5 + N119 with the money claim included.

The answer is one claim. The claim for rent arrears goes in the same claim (CPR 7.3; PD 55A paras 1.7 and 2.3), so no separate money claim is issued. Combining saves the landlord:

• A second court fee. Money claim fees scale by claim value; for arrears of £5,000 the fee is £205. The combined N5 + N119 covers both elements for £415 — the possession fee.
• A second hearing. Two separate claims mean two separate listings, potentially months apart.
• Two sets of bundle preparation. Combining means one bundle for one hearing.

---

When a Combined Claim Is Used

A combined claim fits where:

1. The landlord has an existing tenancy with the occupant.
2. There is a Section 8 ground for possession (typically Ground 8, 10, 11 for arrears; can be combined with 12 / 13 for other breaches).
3. The landlord wants both possession AND a money judgment for arrears.
4. The tenant is in occupation when the claim is issued.

Tenant has already vacated. The landlord uses MCOL or an N1 money claim. There is no possession claim because there is nothing to recover. See the Tenant Debt line on the housing-possession-debt tube map for the procedural journey.

Landlord wants only possession. The landlord can still use N5 + N119, but the particulars do not include a money element. Useful for owner-occupation recoveries on Ground 1 or 1A where the tenant is up to date.

Money claim only, no tenancy. Different machinery. Defended money claims are allocated to the small claims track (up to £10,000), the fast track (up to £25,000), the intermediate track (up to £100,000) or the multi-track (CPR 26.9). No CPR Part 55 involvement at all.

---

The Procedural Steps

Step 1 — Pre-action: Form 3A served

Form 3A is the prescribed Section 8 notice for private assured tenancies under SI 2026/354. For combined arrears + possession the landlord typically pleads Grounds 8, 10 and 11 together. See our Form 3A notice periods guide for the four-week notice period that applies to arrears grounds.

The Form 3A states the grounds being relied on and the reasons. The arrears figure should be supported by a rent ledger.

Check the property before the claim, not at the hearing. The judge at Step 5 will look for deposit protection, and a Ground 1 or 1A in the mix brings the no-relet rule with it. ComplyWithMe's guide to Section 8 grounds for possession after the Renters' Rights Act 2025 covers both, and its exposure check shows, from a postcode and a few answers, what a landlord's property is exposed to today.

Step 2 — Issue N5 with N119 particulars of claim

Form N5 is the possession claim form. Form N119 is the particulars of claim for a rented residential property. Both are HMCTS forms available on GOV.UK.

The N119 includes:

• The tenancy agreement details
• The arrears figure on the date of issue (updated from the figure on Form 3A)
• The grounds being relied on (cross-referenced to Form 3A)
• The rent schedule
• The claim for arrears and for continuing payments until possession is recovered

The court fee is £415 (EX50, 13 July 2026). Pay on issue, or apply for Help with Fees online or on Form EX160 if eligible. See our EX160 fee remission guide.

Step 3 — Service on the tenant

The hearing is not less than 28 days, and normally not more than 8 weeks, after issue, and the claim must be served at least 21 days before it (CPR 55.5(3)).

The tenant receives:

• N5 + N119 (the claim form + particulars)
• The court's notice of issue (which states the hearing date)
• A blank Form N11R (the defence form for a rented residential property)

Service follows CPR Part 6.

Step 4 — Defence

The defendant files a defence on Form N11R within 14 days of service of the particulars of claim (CPR 15.4(1)(a), applied by CPR 55.7(3)). The tenant does not need to acknowledge service (r.55.7(1)) and there is no default judgment (r.55.7(4)). A defendant who files late may still take part in the hearing, but the court may take that into account on costs (r.55.7(3)).

For tenants this is the single most important practical point about CPR Part 55: even if you have not filed a defence in time, attend the hearing.

If the tenant pays down the arrears below the three-month Ground 8 threshold before the hearing, Ground 8 falls away as a mandatory ground. The discretionary Grounds 10 and 11 survive and the court will consider reasonableness. See our Ground 8 13-week rule guide.

Step 5 — The first hearing

At the first hearing the court may decide the claim or give case management directions (CPR 55.8(1)). For straightforward cases the court will decide on the day.

The judge will look for:

• A valid Form 3A
• Evidence of service (witness statement + proof of posting)
• A rent ledger brought up to date to the hearing date (PD 55A para 5.2)
• Deposit protection (see our deposit protection guide)
• The grounds pleaded, with evidence

If everything is in order on a mandatory ground, the court must order possession. If only discretionary grounds are made out, the court considers reasonableness (Housing Act 1988 s.7(4)) and may suspend or postpone on terms (s.9). Sheffield City Council v Hopkins [2001] EWCA Civ 1023, as summarised in Boyd v Incommunities Ltd [2013] EWCA Civ 756, confirms that conditions on suspension may be imposed without formal proof of conduct, and Manchester City Council v Higgins [2005] EWCA Civ 1423 illustrates how the discretion is exercised.

The money element is determined at the same hearing. If the figures are unchallenged, the court gives judgment for the arrears as at the date of the hearing.

---

The Money Element — What the Landlord Recovers

A typical combined claim recovers:

1. Arrears to the date of the hearing. Often higher than the figure on Form 3A. Bring the rent figures up to date to the hearing date (PD 55A para 5.2).

2. Mesne profits — the daily rent equivalent for any period after the tenancy ends but before possession is delivered up.

3. Court fees — the £415 issue fee.

4. Costs — fixed costs under CPR Part 45 where they apply.

5. Interest — under Section 69 of the County Courts Act 1984 if claimed in the particulars.

On a mandatory ground the court cannot suspend on terms. Section 89 of the Housing Act 1980 lets it postpone possession for up to 14 days after the order, or up to six weeks in cases of exceptional hardship. On a discretionary ground the court may suspend or postpone on terms (HA 1988 s.9).

---

When the Combined Claim Falls Apart

Scenario 1 — The arrears clear before the hearing

The tenant pays down to below the three-month Ground 8 threshold before the hearing. Ground 8 is lost. Grounds 10 and 11 are still in play but discretionary.

The landlord can ask for a suspended possession order under Grounds 10 / 11 with the money element preserved — money judgment for the arrears, possession suspended on terms that current rent is paid.

Scenario 2 — Counterclaim for disrepair

The tenant files a CPR Part 20 counterclaim for disrepair and raises equitable set-off. Lee-Parker v Izzet [1971] 1 WLR 1688 is about recouping the cost of repairs from rent; British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd [1980] QB 137 is the leading authority on the breadth of set-off; and in Televantos v McCulloch (1990) 23 HLR 412 (CA) set-off was available where the landlord was in breach before proceedings began. The set-off can reduce the arrears below the Ground 8 threshold.

See our set-off as defence guide for the doctrine.

Scenario 3 — The tenant disputes the rent figure

The tenant says the figure in the N119 is wrong because of an unagreed rent increase, an unreceived payment, or an offset for repairs. The court will require evidence of payments.

Where the claim is genuinely disputed, the court may allocate it to a track; the matters it considers include the amount of any arrears (CPR 55.9(1)(b)). To avoid delay, landlords should reconcile the rent ledger carefully before issuing.

---

The Mistake of Issuing Both an N5 and an MCOL

Some landlords issue an N5 for possession AND a separate MCOL for the same arrears, on the basis that "it can't hurt to have both."

It can hurt. A second claim for the same arrears may be struck out as an abuse of the court's process (CPR 3.4(2)(b)), with the landlord wearing the wasted issue fee.

There is one scenario where two claims may be appropriate: where the arrears claim is high-value and the landlord wants the money element to proceed on a separate track. This is a strategic decision that needs legal advice — not a default.

---

What Goes in the Bundle

For a combined N5 + N119 possession-and-money claim, a clear bundle includes:

• A — Claim documents: N5, N119, Form 3A, deposit-protection certificate, prescribed information
• B — Tenancy agreement and any subsequent agreements (rent increases, variations)
• C — Rent ledger to the date of the hearing
• D — Bank statements supporting the rent ledger
• E — Correspondence: Section 8 notice file, demand letters, payment-plan proposals
• F — Witness statements: landlord's witness statement, any property-management witness
• G — Any expert evidence (rarely needed for possession)

The bundle should be paginated and indexed, with documents in chronological order, no duplication, and a witness statement that walks the judge through the bundle by reference.

For the tenant's side, the bundle includes the defence, any counterclaim, the tenant's witness statement, evidence of payments, evidence of disrepair, and any Universal Credit decisions relevant to Ground 8.

---

Common Practice on Combined Claims

1. Updating the figure at every stage. Record the Form 3A figure, the N119 figure, and the figure at the hearing as separate calculations, each supported by evidence.

2. Use the official forms. N5 and N119 are HMCTS forms published on GOV.UK.

3. Pleading all three arrears grounds together. Grounds 8 (mandatory), 10 (some arrears, discretionary) and 11 (persistent late payment, discretionary) are commonly pleaded in the alternative, so the alternative grounds preserve the route to possession if the tenant pays down to defeat Ground 8.

4. Daily-rent calculation. Set out the daily figure in the particulars for the continuing element of the claim.

5. Attendance. Possession hearings are often short; the landlord (or managing agent) should attend.

---

Authoritative Sources

• Civil Procedure Rules Part 55 — possession claims: justice.gov.uk/courts/procedure-rules/civil/rules/part55
• Practice Direction 55A: justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55a
• Civil Procedure Rules Part 6 — service: justice.gov.uk/courts/procedure-rules/civil/rules/part06
• Civil Procedure Rules Part 45 — fixed costs: justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs
• Housing Act 1988 s.8 — Section 8 notice regime: legislation.gov.uk/ukpga/1988/50
• Renters' Rights Act 2025: legislation.gov.uk/ukpga/2025/26
• County Courts Act 1984 s.69 — interest: legislation.gov.uk/ukpga/1984/28
• Case law: Lee-Parker v Izzet [1971] 1 WLR 1688; British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd [1980] QB 137; Televantos v McCulloch (1990) 23 HLR 412 (CA); Sheffield City Council v Hopkins [2001] EWCA Civ 1023; Boyd v Incommunities Ltd [2013] EWCA Civ 756; Manchester City Council v Higgins [2005] EWCA Civ 1423.

---

BundleCreator's Housing Possession & Tenant Debt subsite at /housing-possession-debt maps the route from Form 3A through N5 + N119 to enforcement. The possession hearing bundle template assembles the index, the rent ledger schedule and the witness statement template in a single workflow.

Nothing in this article is legal advice or a substitute for it. The information describes the law in England as at the date shown. Landlords and tenants should consider taking advice from a regulated solicitor, Citizens Advice, Shelter England or a local Law Centre. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives free early legal advice to anyone at risk of losing their home from the moment they receive written notice, and on-the-day advice and representation at possession hearings, whatever their income. Find a provider at find-legal-advice.justice.gov.uk.