How do you serve a possession claim, and when does it count as served?
In England and Wales, possession-claim service is mainly a CPR Part 6 and Part 55 issue, with special rules for online possession claims. The practical trap is that ordinary claim-form service rules do not always carry across unchanged into possession proceedings.
In England and Wales, possession-claim service is mainly a CPR Part 6 and Part 55 issue, with special rules for online possession claims. The practical trap is that ordinary claim-form service rules do not always carry across unchanged into possession proceedings.
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How must the claim form be served on the tenant?
You usually do not serve a possession claim form on the tenant at all: the court serves it unless the landlord asks to serve it, and the online possession service says the court will serve a printed claim form and defence form on the defendant. CPR 6.4(1) says, “The court will serve the claim form except where – (a) a rule or practice direction provides that the claimant must serve it; (b) the claimant notifies the court that the claimant wishes to serve it; or (c) the court orders or directs otherwise.” If the landlord has asked to serve, CPR 6.3 permits personal service, first class post or another next-business-day service, leaving it at the permitted address, fax or other electronic communication under Practice Direction 6A, or a court-authorised alternative method. There is no tenant-specific rule requiring personal service, recorded delivery or signed-for post; first class post is enough if the CPR service requirements are met. Email service is valid only where the tenant or solicitor has previously indicated in writing that they will accept service by electronic means, and an individual’s default address is their usual or last known residence.
When is a claim form treated as served?
A possession claim form served within the United Kingdom is treated as served on the second business day after the CPR 7.5 service step is completed, except that an online possession claim is deemed served on the fifth day after issue whether or not that day is a business day. CPR 6.14 says, “A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).” For first class post, the CPR 7.5 step is posting or handing it to the relevant service provider, so deemed service is not calculated from when the tenant actually opens the envelope. PD55B 6.8 gives the online carve-out: “The claim shall be deemed to be served on the fifth day after the claim was issued irrespective of whether that day is a business day or not.” In possession claims, CPR 55.5(3)(c) also adds a floor: the tenant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.
Do you have to file a certificate of service?
In possession claims, the ordinary 21-day certificate-of-service filing rule is switched off where the claimant serves the claim form and particulars: CPR 55.8(6) says the claimant must produce the certificate at the hearing and “rule 6.17(2)(a) does not apply.” That is the point many landlord guides miss: the general CPR 6.17(2)(a) rule says a claimant “must file a certificate of service within 21 days of service of the particulars of claim,” but Part 55 disapplies that rule for possession claims and replaces it with production at the hearing. Use form N215 for the certificate of service; GOV.UK describes it as the form used “to tell the civil court which documents you served, who you served them on, and when, where and how you served them.” If the court served the claim form, CPR 6.17(1) says the court sends the claimant a notice including the date on which the claim form is deemed served, so the landlord does not file a certificate for service the court carried out.
Last reviewed August 2026.
Sources
- You usually do not serve a possession claim form on the tenant at all: the court serves it unless the landlord asks to serve it, and the online possession service says the court will serve a printed claim form and defence form on the defendant. — “The court will serve the claim form except where – (a) a rule or practice direction provides that the claimant must serve it; (b) the claimant notifies the court that the claimant wishes to serve it; or (c) the court orders or directs otherwise.” Source
- You usually do not serve a possession claim form on the tenant at all: the court serves it unless the landlord asks to serve it, and the online possession service says the court will serve a printed claim form and defence form on the defendant. — “When the court issues a claim form it will – (1) serve a printed version of the claim form and a defence form on the defendant” Source
- If the landlord has asked to serve, CPR 6.3 permits personal service, first class post or another next-business-day service, leaving it at the permitted address, fax or other electronic communication under Practice Direction 6A, or a court-authorised alternative method. — “A claim form may be served by any of the following methods – (a) personal service in accordance with rule 6.5; (b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A; (c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10; (d) fax or other means of electronic communication in accordance with Practice Direction 6A; or (e) any method authorised by the court under rule 6.15.” Source
- Email service is valid only where the tenant or solicitor has previously indicated in writing that they will accept service by electronic means, and an individual’s default address is their usual or last known residence. — “the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – (a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means” Source
- Email service is valid only where the tenant or solicitor has previously indicated in writing that they will accept service by electronic means, and an individual’s default address is their usual or last known residence. — “Nature of defendant to be served Place of service 1. Individual Usual or last known residence.” Source
- A possession claim form served within the United Kingdom is treated as served on the second business day after the CPR 7.5 service step is completed, except that an online possession claim is deemed served on the fifth day after issue whether or not that day is a business day. — “A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).” Source
- A possession claim form served within the United Kingdom is treated as served on the second business day after the CPR 7.5 service step is completed, except that an online possession claim is deemed served on the fifth day after issue whether or not that day is a business day. — “The claim shall be deemed to be served on the fifth day after the claim was issued irrespective of whether that day is a business day or not.” Source
- For first class post, the CPR 7.5 step is posting or handing it to the relevant service provider, so deemed service is not calculated from when the tenant actually opens the envelope. — “Method of service Step required First class post, document exchange or other service which provides for delivery on the next business day Posting, leaving with, delivering to or collection by the relevant service provider” Source
- In possession claims, CPR 55.5(3)(c) also adds a floor: the tenant must be served with the claim form and particulars of claim not less than 21 days before the hearing date. — “the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.” Source
- In possession claims, the ordinary 21-day certificate-of-service filing rule is switched off where the claimant serves the claim form and particulars: CPR 55.8(6) says the claimant must produce the certificate at the hearing and “rule 6.17(2)(a) does not apply.” — “Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.” Source
- That is the point many landlord guides miss: the general CPR 6.17(2)(a) rule says a claimant “must file a certificate of service within 21 days of service of the particulars of claim,” but Part 55 disapplies that rule for possession claims and replaces it with production at the hearing. — “must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time” Source
- That is the point many landlord guides miss: the general CPR 6.17(2)(a) rule says a claimant “must file a certificate of service within 21 days of service of the particulars of claim,” but Part 55 disapplies that rule for possession claims and replaces it with production at the hearing. — “Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.” Source
- Use form N215 for the certificate of service; GOV.UK describes it as the form used “to tell the civil court which documents you served, who you served them on, and when, where and how you served them.” — “Use this form to tell the civil court which documents you served, who you served them on, and when, where and how you served them.” Source
- If the court served the claim form, CPR 6.17(1) says the court sends the claimant a notice including the date on which the claim form is deemed served, so the landlord does not file a certificate for service the court carried out. — “Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.” Source
