Possession Claim Court Bundle: How to Prepare Under CPR Part 55

Last updated: April 2026

This article provides general information only and does not constitute legal advice. Possession claims have strict procedural deadlines and the consequences of getting them wrong can include the loss of a tenant's home or a landlord's costs award. Consider seeking advice from a solicitor regulated by the SRA. Always verify current Civil Procedure Rules with Justice.gov.uk.

Quick Answer

Possession claims in the County Court are governed by Civil Procedure Rules Part 55. For most claims, the landlord issues a Form N5 (claim form for possession) and N119 (particulars). The tenant usually has 14 days to file a defence on Form N11R (residential) before the first hearing — though for accelerated possession the procedure runs on paper rather than via a defence-and-hearing model. The bundle for a possession hearing must contain the tenancy agreement, the rent statement, the relevant notice (section 8 or section 21), proof of service, the grounds relied on, and any witness statements. A clear, paginated, indexed bundle aligned with Practice Direction 32 (witness statements) and 39A (preparation for hearings) is what the District Judge will expect.

---

Possession Claims at a Glance

A possession claim is the legal process by which a landlord seeks an order from the County Court requiring a tenant to give up possession of a property. Three main routes exist, each with its own procedure and bundle requirements:

This article focuses on standard possession of residential property. For tenancy types other than assured/assured shorthold (regulated tenancies, secure tenancies, contractual tenancies), the notice and ground requirements differ but the bundle principles are similar.

You can find your local County Court using the BundleCreator find-court tool. Court issue fees are set out in the court fee calculator — for a possession claim issued at court the fee is currently £391 (verify against GOV.UK Form EX50).

---

Section 8 and Section 21 — and the Renters' Rights Act 2025

For assured shorthold tenancies, two notice routes have historically been used to recover possession:

Section 8 of the Housing Act 1988 — fault-based possession on specified grounds (rent arrears, anti-social behaviour, breach of tenancy, etc.). The landlord must serve a Form 3 notice specifying the ground(s) relied on. Notice periods range from 2 weeks (Ground 8 — substantial rent arrears) to 2 months (Ground 1 — landlord's own use).

Section 21 — historically the "no-fault" eviction route requiring 2 months' notice on Form 6A. Section 21 is being phased out under the Renters' Rights Act 2025 — see our explainer on what tenants need to know about the Renters' Rights Act 2025. Once the relevant provisions are commenced, all assured tenancies become periodic and possession must be sought on a ground under the new framework.

For claims issued after the Renters' Rights Act commencement, the bundle must reflect the new statutory ground relied on, the notice form prescribed under the 2025 Act, and any prescribed information served at the start of the tenancy.

---

Claim Form, Particulars and Notice — the Foundation Documents

Three documents form the foundation of any possession bundle:

N5 — Claim form for possession of property. Issued by the landlord, identifies the parties, the property, and the orders sought (possession, money judgment for arrears, costs).

N119 — Particulars of claim for possession of rented residential premises. This sets out the facts: the tenancy, the rent, the arrears, the notice, the grounds, and any history relevant to the discretionary grounds.

The notice itself. Either:

• A section 8 notice (Form 3) with the ground(s) ticked and particulars of breach;
• A section 21 notice (Form 6A) — for claims pre-dating the Renters' Rights Act commencement; or
• A notice in the form prescribed under the Renters' Rights Act 2025 once that comes into force.

Without the notice, in the prescribed form, served correctly, the claim will fail. The bundle must include the notice and clear evidence of service.

---

What the Tenant Should File: the Defence (Form N11R)

The tenant has 14 days from service of the claim to file a defence on Form N11R (or N11B for trespassers). The defence is the tenant's chance to:

• Admit or deny each allegation in the particulars
• Plead any positive defence (set-off for disrepair, deposit-protection breach, defective notice, retaliatory eviction)
• Counterclaim (typically for disrepair, harassment, or unlawful eviction)
• Apply for time to pay or for the order to be suspended on terms

Failure to file a defence does not produce automatic judgment in possession claims (unlike many other civil claims) — the matter still goes before a District Judge — but it weakens the tenant's position and can lead to the claim being decided on the papers.

The court deadline calculator helps map out the 14-day defence window, the hearing date (typically 4–8 weeks after issue), and the date by which any witness statement must be filed.

---

Section A — Preliminary and Case Management

A possession bundle in the County Court should be ordered as follows. Pagination runs consecutively through the whole bundle (e.g. 1, 2, 3 …), labels appearing in the same position on every page (typically bottom right). The County Court is not Family Court — Practice Direction 27A does not apply — but PD32 and PD39A set the standard for civil hearings and bundles.

Each statement of truth must comply with CPR Practice Direction 22. Non-compliance can lead to evidence being given less weight.

---

Documents Tenants Often Forget — and Landlords Often Forget to Provide

Landlords: a section 21 claim (where it still applies) requires evidence that:

• A deposit was protected within 30 days and prescribed information served
• A gas safety certificate was provided
• An EPC was provided
• The "How to Rent" booklet was provided

If any of these is missing, the section 21 notice is invalid. Landlords should evidence each of these in section C of the bundle.

Tenants: a defence based on disrepair set-off requires evidence of:

• The disrepair (photographs, expert report)
• Notice given to the landlord
• The landlord's response (or lack of it)
• The diminution in value or cost of works claimed

A counterclaim for disrepair raises CPR Part 20 procedures — see our housing disrepair court bundle guide for the disrepair side of the bundle.

---

The Hearing Format

Standard possession hearings are listed for short blocks — often 5 to 15 minutes in front of a District Judge in the County Court at a busy possession list. The court has heavy lists; a clear, navigable bundle is essential to give your case the time it needs.

Order of events:

1. The judge calls the case and identifies the parties.
2. The landlord (or their advocate) opens — confirms the notice, the ground, the arrears figure (or other breach), and the order sought.
3. The tenant responds — either accepting possession on terms (postponed possession order, suspended possession order) or contesting.
4. The judge reads any defence and witness evidence; questions either party.
5. The judge gives a short ex tempore judgment, usually one of:
   • Outright possession order (typically 14 days, or up to 6 weeks for exceptional hardship)
   • Postponed possession order on terms (e.g. payment of current rent plus arrears at a stated rate)
   • Suspended possession order
   • Adjournment with directions
   • Dismissal of the claim

Defended possession cases that raise significant factual or legal issues are typically transferred to a longer hearing — sometimes with directions for disclosure, witness statements and expert evidence — where the bundle becomes substantially more important.

---

Producing the Bundle

Civil possession bundles should be:

For undefended cases on the open list, courts often direct that landlords produce a smaller "hearing bundle" containing only the core documents (statement of case, notice, rent statement). Defended cases need the full bundle described above.

---

Common Mistakes

---

How BundleCreator Helps

BundleCreator.co is designed to produce CPR-aligned possession bundles quickly:

You can also use the bundle checklist to track which documents are present before filing.

---

Frequently Asked Questions

How long does a possession claim take?

For a standard claim, typically 8–10 weeks from issue to first hearing. Defended claims with directions can take 4–9 months to final hearing. Accelerated possession is faster (6–8 weeks) but only available for written assured shorthold tenancies on a section 21 basis (subject to the Renters' Rights Act 2025 phase-out).

What is the difference between a section 8 and a section 21 notice?

Section 8 is fault-based — the landlord must specify a ground (rent arrears, breach, etc.). Section 21 was historically a no-fault route requiring 2 months' notice. Section 21 is being phased out under the Renters' Rights Act 2025; once commenced, possession of assured tenancies will require a ground under the new framework.

Do I need a barrister at a possession hearing?

Not always. Many landlords appear in person or are represented by solicitors. Many tenants attend without representation. For complex defended claims with a counterclaim, representation is strongly advisable — and tenants on a low income may qualify for legal aid through the Housing Possession Court Duty Scheme.

What if I cannot pay the arrears?

The court has wide discretion under section 7 of the Housing Act 1988 to suspend or postpone possession on terms — typically requiring you to pay current rent plus a contribution to arrears. A clear, realistic budget (income, essential outgoings, available payment) helps the judge tailor the order.

Can the landlord evict me without a court order?

No. Eviction without a court order is a criminal offence under section 1 of the Protection from Eviction Act 1977. The landlord must obtain a possession order and, if necessary, a warrant of possession executed by County Court bailiffs.

---

Your Possession Bundle Checklist

• N5 claim form — issued and sealed
• N119 particulars — facts of the claim
• Defence (N11R) — tenant's response, where filed
• Notice — section 8 / s.21 / RRA 2025 notice in prescribed form
• Certificate of service — evidence the notice was served
• Tenancy agreement — and any renewals
• Rent statement — up to date as at the hearing
• Deposit-protection certificate — and prescribed information
• Gas safety record — current
• EPC — current
• "How to Rent" booklet — record of service
• Witness statements — signed, dated, statements of truth
• Disrepair evidence — if a counterclaim is pleaded
• Index — hyperlinked
• Bookmarks — match index
• Pagination — consecutive
• Filing — by directions deadline; copy served on the other party

---

This guide provides general information about possession claims in England and Wales. It is not legal advice. For advice on a specific possession claim, consult a solicitor or — for tenants — a Housing Possession Court Duty Scheme adviser.

Sources:

• Civil Procedure Rules Part 55 — Possession Claims
• Housing Act 1988
• Renters' Rights Act 2025
• Protection from Eviction Act 1977
• Court fees — Form EX50
• Find a court — BundleCreator
• Court fee calculator — BundleCreator