Landlords & Property: Rent Arrears, Damage and Deposits

What changed on 1 May 2026

Section 21 “no-fault” possession was abolished in England from 1 May 2026. Assured shorthold tenancies became assured periodic tenancies, and a landlord who wants possession must now rely on one of the section 8 grounds. For rent arrears, the mandatory ground (Ground 8) now needs at least 3 months’ arrears on a monthly tenancy or 13 weeks’ on a weekly one, and the notice period for the arrears grounds is 4 weeks, on Form 3A.

These changes apply in England. In Wales, most tenancies are occupation contracts under the Renting Homes (Wales) Act 2016, with their own possession rules. A money claim for arrears works the same way in both.

None of that changes how a landlord recovers a debt. Unpaid rent is still a debt you can claim in the County Court, and a former tenant who has already left can only be pursued with a money claim. Our guide to rent arrears and eviction under the Renters’ Rights Act covers the possession side in detail, and the section 8 checker tests a notice against the current rules.

The disputes that actually come up

• Arrears after the tenant leaves. The most common landlord money claim, often with a guarantor who can also be pursued.
• Damage beyond the deposit. Repairs and cleaning that cost more than the deposit covers, after fair wear and tear is allowed for.
• Bills the tenant was liable for. Utilities or council tax you paid that the tenancy made the tenant responsible for.
• Tenant claims against you. An unprotected deposit, disrepair, or a dispute over deductions. These can be raised as a counterclaim to your own claim.

The rules that usually apply

• The tenancy agreement sets the rent, when it is due and what the tenant must do at the end.
• Deposit protection (Housing Act 2004). A tenancy deposit must be protected in a government-approved scheme and the prescribed information given to the tenant within 30 days of receiving it. If not, the tenant can claim the deposit back plus a penalty of one to three times its value, often as a counterclaim. See what happens when a deposit is not protected.
• Deposit cap (Tenant Fees Act 2019). Five weeks’ rent where the annual rent is under £50,000, six weeks’ where it is £50,000 or more.
• Deposit disputes at the end. Each scheme offers free dispute resolution, but it needs both landlord and tenant to agree to use it, and its decision then binds both. If either side will not use it, the dispute goes to court. Either way, deductions must be justified with evidence: the check-in inventory, check-out report, photos and invoices.
• Repairs (Landlord and Tenant Act 1985). The landlord is responsible for the structure, exterior and installations for water, gas, electricity, heating and sanitation, and the home must be fit to live in. A tenant’s disrepair complaint can reduce or extinguish an arrears claim. Our disrepair guide shows how tenants frame these claims.

Before you issue: which letter, and how long to wait

If you let through a company or as a business and the tenant is an individual, the Pre-Action Protocol for Debt Claims applies: a Letter of Claim with the information sheet and reply form, and 30 days to respond. If you are a private individual letting a property, the letter follows the Practice Direction on Pre-Action Conduct, usually with 14 days to respond. If you are unsure which you are, allowing 30 days does no harm.

Write to the tenant at their new address if you have it. The court rules allow a claim to be served at an individual’s usual or last known residence, but if you know they have moved you must take reasonable steps to find where they live now.

The route through the small claims track

1. Settle the deposit first. Agree the deductions with the tenant or use the scheme’s dispute service if you both consent. Then deduct whatever you received from the arrears and damage, so you only claim the balance.
2. Build the rent account. A simple ledger: each due date, amount due, amount paid and running balance. Attach the tenancy agreement and any guarantee.
3. Send the letter before claim. 30 days under the Debt Claims Protocol if you let as a business, usually 14 days under the Practice Direction if you let as an individual.
4. Issue the claim online. If the deadline in your letter passes without payment, you can issue the claim yourself through Money Claim Online or the GOV.UK "Make a money claim" service. You state a fixed sum, a short description of the claim and any interest, and pay the issue fee. The defendant needs an address for service in England or Wales.
5. Wait for the response. Once the claim is served, the defendant normally has 14 days to pay, admit, or file a defence, or 28 days in total if they file an acknowledgment of service first. If they do nothing, you can ask the court for judgment in default.
6. Free mediation if it is defended. Most defended small money claims are now referred to a free one-hour telephone session with the HMCTS Small Claims Mediation Service before a hearing is listed. See our guide to mandatory mediation.
7. Directions and the small claims track. If it does not settle, both sides complete a directions questionnaire and the court allocates the case. Claims up to £10,000 normally go to the small claims track, where the procedure is simpler and each side usually pays its own legal costs. The court then sets dates for exchanging documents and witness statements, and you pay the hearing fee.
8. The hearing. Small claims hearings are informal and often short. A district judge reads the papers, asks both sides questions and gives a decision, usually the same day. Our guide to what to expect at the hearing covers the day itself.
9. Judgment and enforcement. If you win and they still do not pay, the court has enforcement options such as a warrant of control or an attachment of earnings order. Each has its own fee.

Time limits

Under section 19 of the Limitation Act 1980, a claim for rent arrears must be brought within 6 years of the date each payment fell due. Claims for damage under the tenancy agreement are normally also 6 years, from the breach.

Where CourtPilot fits

CourtPilot is software for people bringing or defending their own small claim. It is not a law firm, it does not give legal advice and nobody here reviews your case as a lawyer. You decide what to send and you sign it in your own name.

The free case check asks a few questions about your landlord dispute and tells you whether it looks like a small claim, which pre-action rules apply and when the time limit runs out. For a straightforward claim up to about £1,500 it usually suggests the £29 Claim Pack (letter before claim, particulars of claim and the N1, with the interest and fee worked out). Above that it usually suggests the £49 small claims toolkit, which carries the case through mediation, the hearing bundle and enforcement. £1,500 is the point where we suggest one or the other, not a limit: you can choose either. If you are the one being sued, the £49 defence toolkit covers one defended claim. All are one-off payments with a 14-day refund policy.

For arrears specifically, the unpaid rent claim page explains what the Claim Pack drafts. CourtPilot does not prepare possession claims from this page.

Court fees for a money claim

These are the fees for a money claim, not a possession claim. The issue fee depends on the amount claimed, including interest to the date of issue.

The issue fee runs from £35 for a claim up to £300 to £455 for a claim of £10,000. If the case goes to a hearing there is a second fee, from £27 to £346 on the small claims track. See the full fee table by claim amount or use the court fee calculator for your exact figure.

Fees from the HMCTS fee list (EX50), last checked against gov.uk on 2026-10-19. Fees change, so check gov.uk before you pay. If you are on a low income you may qualify for Help with Fees (form EX160). Court fees you pay are normally added to the claim and can be ordered against the other side if you win.

Worked example: arrears after the tenant moved out

Related guides and tools

• Unpaid rent claims: the money claim for arrears, step by step.
• Rent arrears and eviction under the Renters’ Rights Act: section 8 grounds, notice periods and the possession process.
• Section 8 notice checker: checks dates and arrears against the current rules.
• Deposit disputes: how deductions are argued and decided.
• Rent disputes: arrears, overpayments and disputed rent.
• Statutory interest calculator: works out 8% simple interest and the daily rate for the claim form.
• Money Claim Online, step by step: filing the claim yourself and what each screen asks for.