Wales Possession Claim: County Court Process for Landlords

When a contract-holder doesn't leave after a valid notice expires, the next step is the County Court. Physical eviction without a court order is a criminal offence under the Protection from Eviction Act 1977 — there are no shortcuts here. This post covers the court process for landlord possession claims in Wales.

Accelerated vs Standard Possession Procedure

Wales has two County Court routes, and which one you use depends on the type of notice you served.

Accelerated Possession (Form N5B Wales)

Available only for no-fault claims under section 173 (Form RHW16) or section 186 (Form RHW22). This is a paper-based process — a District Judge reviews the claim on the documents alone. No hearing is scheduled unless the contract-holder files a defence raising a valid legal point.

You cannot claim rent arrears alongside an accelerated possession claim. If you want both possession and a money judgment for arrears, you must use the standard procedure.

The form to file is N5B Wales (Claim Form for Accelerated Possession of Property Located Wholly in Wales). The contract-holder's defence form is N11B Wales.

Standard Possession (Form N5 Wales + N119 Wales)

Mandatory for fault-based claims (serious rent arrears on Form RHW20, breach or anti-social behaviour on Form RHW23, estate management grounds). Also required if you're combining a no-fault claim with a rent arrears money claim.

The court sets a formal hearing date, and both parties attend. You'll need to present evidence — the notice, proof of service, and evidence supporting your grounds.

File Form N5 Wales (Claim Form for Possession) along with Form N119 Wales (Particulars of Claim). The contract-holder's defence is on Form N11R Wales.

Court Fees (July 2026 HMCTS Schedule)

• Possession claim issue fee: £415 (payable when filing N5 Wales or N5B Wales)
• Warrant of possession fee: £152 (payable later, only if the contract-holder doesn't leave after the court order)
• General application fee (N244): £321 on notice, or £126 by consent / without notice

Fee remissions are available for eligible low-income applicants via Form EX160.

The Timeline

For Accelerated Claims (No-Fault)

1. File N5B Wales with the County Court, within two months of the notice expiry date, paying £415
2. Court serves papers on the contract-holder, who has 14 days to file a defence
3. District Judge reviews the papers. If everything is in order and no valid defence is filed, a possession order is made — typically within 4–8 weeks of filing
4. Possession order gives the contract-holder 14 or 28 days to vacate (up to six weeks in exceptional hardship)

For Standard Claims (With Grounds)

1. File N5 Wales and N119 Wales within the court claim window (two months from notice expiry for no-fault, six months from service for fault-based), paying £415
2. Court sets a hearing date — current County Court waiting times run six to eight months
3. Both parties attend the hearing. The judge considers the evidence
4. If the judge is satisfied, a possession order is made

After the Possession Order

A possession order does not authorise you to change the locks or enter the property. If the contract-holder still hasn't left by the date on the order, you must apply for a Warrant of Possession on Form N325 (fee: £152). The County Court bailiff will schedule an execution date and serve a minimum 14 days' notice on Form N54 before attending to carry out the physical eviction.

Alternatively, you can apply to transfer enforcement to the High Court (via Form N244). If granted, a Writ of Possession is executed by High Court Enforcement Officers, who can typically act faster than County Court bailiffs.

The Critical Deadlines

The two-month court claim window for no-fault notices (section 173) is the tightest deadline. If you miss it, the notice is dead and you face a six-month re-service bar. Mark the window closing date in your calendar the day you serve the notice.

For fault-based notices, the window is six months from service — more generous, but still a hard deadline.

For the full possession process from pre-service audit through court enforcement, see our Ending an Occupation Contract in Wales guide.

See more Wales guides →