Step-by-step
Calculate the exact amount
Work out exactly what is owed or overpaid based on the tenancy agreement and payment records.
Gather documentation
Collect the tenancy agreement, bank statements, and any correspondence about rent.
Send written demand
Send a formal letter requesting payment of arrears or refund of overpayment.
Send letter before claim
If no response, send a formal letter before claim giving 14-28 days.
File your claim
File via Money Claim Online with a clear schedule of rent owed or overpaid.
Understanding Rent Disputes
Rent claims can go both ways - landlords claiming arrears or tenants claiming overpayments. Both follow similar processes in small claims.
Common scenarios:
- Tenant owes rent - landlord pursuing
- Tenant overpaid after tenancy ended - claiming refund
- Rent reduction agreement disputes
- Service charge disagreements
Note for landlords:
You can claim rent through small claims while also pursuing possession through different proceedings. The two are separate.
Evidence You Need
Essential evidence:
- Tenancy agreement showing rent amount and due dates
- Rent payment history (bank statements)
- Notice documents (if applicable)
- Communication records about the dispute
For landlords claiming arrears:
- Schedule of rent due vs rent paid
- Any correspondence about missed payments
- Evidence of attempts to resolve
For tenants claiming overpayment:
- Proof of payments made
- Evidence of correct rent amount
- Correspondence requesting refund
What You Can Claim
Typical claim value: £100 - £10,000
Landlords can claim:
- Unpaid rent
- Interest (contractual if in agreement, otherwise 8% court interest)
- Late payment fees only if specified in agreement
Tenants can claim:
- Overpaid rent
- Interest from date overpayment was requested back
Service charges:
Disputes about service charge reasonableness may need to go to a tribunal rather than small claims.
Common Issues and Defences
Tenant defence - "set-off":
Tenants may argue rent was withheld due to landlord breaches (e.g., repairs not done). Courts can consider whether the withholding was justified.
Tenant defence - "agreement to reduce":
If rent was reduced by agreement (e.g., during COVID), this affects what is owed. Get agreements in writing.
Landlord defence - "deposit covers it":
Landlords may try to use the deposit for rent arrears. Deposits should only cover damage, not rent (unless specified).
Both sides - calculation errors:
Carefully verify calculations. Courts will use accurate figures, not claimed ones.
Frequently asked questions
Can a landlord claim rent and pursue eviction at the same time?
Yes. The rent claim (money) and possession proceedings (eviction) are separate. You can claim rent arrears in small claims while separately seeking possession through the appropriate eviction process.
What if the tenant has left and I cannot find them?
You can still file a claim at their last known address (your property). If judgment is obtained, you can use enforcement methods to trace them. Consider whether they have assets worth pursuing.
Can I withhold rent if my landlord does not do repairs?
Withholding rent is risky and generally not recommended. You could face eviction for arrears. Better options: pay rent, document repairs needed, and claim separately for inconvenience or reduced value.
How do I prove I overpaid rent?
Compare your bank statements showing payments against the tenancy agreement showing correct rent. If you paid more than agreed, or continued paying after the tenancy ended, document this clearly.
What interest can be claimed on rent arrears?
Check if your tenancy agreement specifies an interest rate. If not, you can claim court interest at 8% per year from the date each payment was due, though courts have discretion on this.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.