If it is not necessary to obtain possession, a landlord may wish to make a claim under the terms of the tenancy agreement for debt using the small claims procedure of the County Court. The amount awarded by the court will be determined at the trial date. If a claim is being made for interest on arrears, this must be stated on the claim form because interest will not automatically be added to the debt. If the sum is cleared and further arrears arise, it will be necessary to submit an additional claim.
Last Reviewed:Unsure about charging orders? Our guide explains how to apply for one and secure your rental income against a guarantor's assets
Navigate Section 8 hearings with our guide on proving rent arrears in court, including how to use rent statements as evidence effectively.
This page contains guidance for making a small claim in court and includes the pre-action letter of claim. The Pre-Action Protocol for Debt Claims commences on 1 October 2017 for England and Wales. The Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). It, therefore, applies to all landlords recovering a debt from a tenant and guarantor (where the tenant/guarantor is an individual). The Protocol will also apply to letting agents seeking to recover a debt owed to them directly from an individual. The Protocol aims to encourage early engagement and communication between the parties and enable the parties to resolve the matter without the need to start court proceedings.
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 commence on 4 May 2021
According to official data, buy-to-let landlords have an unfair reputation for going to the courts to evict tenants.
Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017 a case about granting an assured shorthold tenancy, witnessing a deed of guarantee, double rent, mesne profits, possession, and tenants notice to quit given by one to a landlord.
One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant makes a claim against the landlord for random disrepair issues, often never previously notified to the landlord
Unsure about charging orders? Our guide explains how to apply for one and secure your rental income against a guarantor's assets
Navigate Section 8 hearings with our guide on proving rent arrears in court, including how to use rent statements as evidence effectively.
This page contains guidance for making a small claim in court and includes the pre-action letter of claim. The Pre-Action Protocol for Debt Claims commences on 1 October 2017 for England and Wales. The Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). It, therefore, applies to all landlords recovering a debt from a tenant and guarantor (where the tenant/guarantor is an individual). The Protocol will also apply to letting agents seeking to recover a debt owed to them directly from an individual. The Protocol aims to encourage early engagement and communication between the parties and enable the parties to resolve the matter without the need to start court proceedings.
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 commence on 4 May 2021
According to official data, buy-to-let landlords have an unfair reputation for going to the courts to evict tenants.
Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017 a case about granting an assured shorthold tenancy, witnessing a deed of guarantee, double rent, mesne profits, possession, and tenants notice to quit given by one to a landlord.
One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant makes a claim against the landlord for random disrepair issues, often never previously notified to the landlord
Unsure about charging orders? Our guide explains how to apply for one and secure your rental income against a guarantor's assets
Navigate Section 8 hearings with our guide on proving rent arrears in court, including how to use rent statements as evidence effectively.
This page contains guidance for making a small claim in court and includes the pre-action letter of claim. The Pre-Action Protocol for Debt Claims commences on 1 October 2017 for England and Wales. The Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). It, therefore, applies to all landlords recovering a debt from a tenant and guarantor (where the tenant/guarantor is an individual). The Protocol will also apply to letting agents seeking to recover a debt owed to them directly from an individual. The Protocol aims to encourage early engagement and communication between the parties and enable the parties to resolve the matter without the need to start court proceedings.