Applying to the Court for Rent Arrears Only

If it is not necessary to obtain possession, a landlord may wish to make a claim under the occupation contract for debt using the small claims procedure of the County Court. The court will determine the amount awarded at the date of trial. If a claim is being made for interest on arrears, this must be stated on the claim form because interest will not be added to the debt automatically. If the sum is cleared and further arrears arise, it will be necessary to submit another claim.

Before you can start a claim, a "Letter of Claim" must be sent to the defendant giving at least 30 days to agree (or disagree) to payment. This is required under the Pre-Action Protocol for Debt Claims.

The court service has a simple form (N1) that you can complete at the local court or Money Claim Online. The claim fees are based upon the amount of debt due at the date of the claim. Following an application, the court may invite the claimant and defendant to reach an agreement to settle by negotiation or by using a free telephone mediation service.

It is always worth making an effort to establish any reason for non-payment of rent before taking action. Non-payment may result from delays by the local authority in processing a housing allowance claim, and liaison with the contract-holder and local authority may be sufficient to resolve any problem.

Suppose the amount of the arrears (and any other charges) is less than the tenancy deposit. In that case, it may be worth applying for the case to be adjudicated following the deposit protection scheme. Ensure that suitable paperwork is submitted to support the claim to the adjudicator. Simply declaring that the tenant did not make a payment will not usually be sufficient on the application form.