How to Claim for Rent Arrears or Overpayments
Guide to claiming unpaid rent from tenants or recovering overpaid rent from landlords through small claims court.
Step-by-Step Guide
Calculate the exact amount
15 minsWork out exactly what is owed or overpaid based on the tenancy agreement and payment records.
Tip: Create a clear schedule showing rent due dates, amounts, and payments received/made.
Gather documentation
10 minsCollect the tenancy agreement, bank statements, and any correspondence about rent.
Send written demand
10 minsSend a formal letter requesting payment of arrears or refund of overpayment.
Send letter before claim
10 minsIf no response, send a formal letter before claim giving 14-28 days.
File your claim
15 minsFile via Money Claim Online with a clear schedule of rent owed or overpaid.
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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
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.
Legal Disclaimer
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.
Related Guides
Industry-Specific Guidance
We have detailed guides tailored for specific industries facing these types of disputes.
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