Form N9 is the response form used in money claims and combined possession-with-money claims in the County Court. It exists in several variants — N9A (admission), N9B (defence and counterclaim), N9C/N9D (unspecified amounts) — plus the basic acknowledgment of service that extends the time to file a full defence. In residential possession, Form N9 appears where the landlord has claimed money alongside possession (typically rent arrears via Form N5 with Form N119), or in a separate post-tenancy money claim (via Form N1) to recover arrears or damages. Form N9 is principally a tenant’s form, but landlords need to understand it because the response determines next steps. This page covers what the tenant can do on Form N9, how each response affects the case, the strategic risk of tenant counterclaims (disrepair, deposit protection failures, Tenant Fees Act unlawful payments), time extensions, and what landlords should do when the form is filed.
What Form N9 is
Form N9 is the response form used in money claims and combined possession-with-money claims in the County Court. It exists in several variants depending on the response the defendant wishes to make:
- Form N9A — Admission (specified amount): the defendant admits the whole claim.
- Form N9B — Defence and counterclaim (specified amount): the defendant disputes some or all of the claim and may make a counterclaim.
- Form N9C — Admission (unspecified amount): for claims where the amount is not yet quantified.
- Form N9D — Defence and counterclaim (unspecified amount): for unquantified claims.
- Form N9 (acknowledgment of service): a separate form on which the defendant indicates intention to defend, dispute jurisdiction, or admit, and obtains an extra 14 days to file a full defence.
In residential possession proceedings, Form N9 typically appears in two contexts:
- Where the landlord has issued a money claim alongside the possession claim — Form N5 with extended Form N119 covering both possession and money. The tenant uses the appropriate Form N9 variant to respond to the money element.
- Where the landlord has issued a separate money claim post-tenancy — typically to recover arrears, damages, or unpaid sums where the deposit was insufficient. This is a Form N1 money claim, to which the tenant responds on Form N9.
Form N9 is principally a tenant’s form. Landlords need to understand it because it determines what the tenant has done in response — admit, defend, or seek time. The court’s next steps depend on what the tenant has filed.
The current edition of Form N9 is at gov.uk.
What the tenant can do on Form N9
When a tenant receives a money claim, they have 14 days from service to file a response. The response options:
Acknowledgment of service
The tenant acknowledges receipt of the claim and indicates intention to defend, dispute jurisdiction, or admit. Filing an acknowledgment of service extends the time to file a full defence to 28 days from service of the claim. Useful where the tenant needs time to take advice, gather evidence, or negotiate.
Admission of the whole claim
Form N9A: the tenant admits the entire amount claimed and proposes how to pay (immediate payment, instalments, or by a specified later date). Where the landlord accepts the admission and proposed payment terms, the matter resolves without a hearing — judgment is entered on the admitted terms.
Where the landlord does not accept the proposed payment terms, the court determines what payment terms are appropriate based on the tenant’s circumstances. The court takes into account the tenant’s income, expenditure, and the realistic prospect of payment.
Admission of part
Where the tenant accepts that some of the amount is due but disputes the rest. Form N9A is used with a specified amount admitted; the disputed portion proceeds as a defended money claim.
Defence
Form N9B: the tenant denies the claim (in whole or part) and sets out the basis. The defence must set out the factual and legal basis on which the tenant disputes the claim. For rent arrears, common defences include:
- Disputed rent calculation — the tenant says the figures are wrong.
- Set-off for landlord breach — the tenant claims the landlord breached the tenancy (e.g. failed to repair) and the resulting damages should be set off against the rent.
- Counterclaim — the tenant seeks affirmative relief against the landlord, such as damages for disrepair, return of unlawful fees under the Tenant Fees Act 2019, or compensation for deposit protection failures.
- Mistake or fraud — rare, but available in defined cases.
How the tenant’s response affects the case
No response
If the tenant files no response within the 14-day period, the landlord can apply for default judgment. The court enters judgment for the amount claimed without a hearing. This is the simplest outcome from the landlord’s perspective, but tenants who have failed to file are typically those without assets — the judgment then has limited practical value.
Acknowledgment of service
Tenant has 28 days from service to file a full defence. The case waits for the defence; if no defence comes by day 28, the landlord can apply for default judgment.
Admission
The matter proceeds to judgment on the admitted basis. Where payment terms are not agreed, a brief hearing may be needed to determine the terms.
Defence
The case becomes a defended money claim. The court allocates it to a track based on value (small claims for under £10,000; fast track for £10,000-£25,000; multi-track above £25,000). Disclosure of documents, witness statements, and a substantive hearing follow.
Tenant counterclaims — the strategic risk
Form N9B allows the tenant to make a counterclaim against the landlord. In rent arrears claims, counterclaims are not uncommon and can substantially complicate the case:
- Disrepair claims: the tenant counterclaims for damages because the landlord failed to repair (section 11 LTA 1985 or HFFHA 2018 breaches). Damages can be substantial — sometimes exceeding the arrears claimed.
- Deposit protection failure: where the deposit was protected late, in the wrong scheme, or with defective prescribed information, the tenant can claim 1× to 3× the deposit as compensation under section 214 of the Housing Act 2004.
- Tenant Fees Act 2019 unlawful fees: where the landlord (or agent) charged prohibited payments, the tenant can claim recovery of those payments.
- Harassment or quiet enjoyment breaches: where the landlord’s conduct has interfered with the tenant’s enjoyment of the property, damages may be available.
A landlord facing a counterclaim should take legal advice before deciding how to proceed. In some cases, settlement on commercial terms is preferable to defending a counterclaim that exceeds the original arrears.
Time extensions
Where the tenant cannot file a defence within the standard time, an extension can be sought:
- Acknowledgment of service automatically extends the time from 14 days to 28 days from service.
- Further extensions can be agreed between the parties (most landlords agree reasonable extensions to avoid disputes about service).
- Court-ordered extensions are available on application but are typically granted only for good reason (illness, recently obtained legal representation, etc.).
Form N9 in possession claims
Where the landlord has issued a combined possession-and-money claim, Form N9 covers only the money element. The possession element is handled separately:
- Tenant uses Form N11R (standard procedure) or N11B (accelerated) for the possession defence. See our N11R guide.
- Tenant uses Form N9 (or variant) for the money defence.
- In practice, the tenant often files both together, with the same factual basis covering both elements.
At the possession hearing, the court determines both possession and money issues together. A possession order with money judgment is the typical outcome where the landlord proves the case.
From the landlord’s perspective
When the tenant files Form N9 (or any variant), the landlord should:
- Read the response carefully — particularly any admission of part or counterclaim.
- Where the tenant admits and proposes payment terms, decide whether to accept or seek different terms via the court.
- Where the tenant defends, prepare evidence supporting the rent calculation and any other elements of the claim.
- Where the tenant counterclaims, take legal advice — counterclaims can significantly affect the case strategy.
- Consider settlement options. Many money claims resolve before hearing through agreed payment terms or compromise.
Authoritative sources
- Form N9 (gov.uk).
- Civil Procedure Rules Part 16 — Statements of case.
- Our court forms hub.
- Our N11R guide (possession defence form).
- Our Tenant Fees Act 2019 guide.