Can I Take My Landlord to the Small Claims Court?
It is a frequent occurrence for landlords to take a tenant to small claims court. But as a tenant can you take your landlord to small claims court? In short, yes; if your landlord is failing to keep up their end of the deal – a person has every right to take legal action to sue them in small claims court.
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Tenants can use small claims court to recover money owed to them by their landlord such as unpaid or withheld tenancy deposits (where other routes of redress have been explored), overpayments of rent or unpaid for urgent repairs they carried out. However, small claims cannot generally be used to force a landlord to undertake repairs, which usually requires pursuing other routes or involvement from the local authority.
If landlords have failed to fulfil their legal obligations, the next best step may be taking action in court. To be successful, tenants need to know what can be claimed, what is necessary to prepare a case, and what risks they will have to deal with in advance.

Steps you need to take
If a tenant is going to take a landlord to small claims court, they need to be prepared. The small claims court is not a complaint service, it is a legal exercise, which requires adherence to a formal set of procedures.
1. Attempt to resolve the issue before going to court
Try to resolve the issue directly with your landlord in writing. Ask them for the specific money owed, repairs needed, or documents, and give them a deadline to respond by. The court is going to expect you to go through all other avenues before bringing a claim, to do this you’ll need to have, at a minimum, documented your attempt to resolve this outside of court.
2. Send a ‘letter before action’
If the first step doesn’t work, send a formal ‘letter before action’. This letter sets out the problem and what you want your landlord to do (for example, to pay you compensation or return your deposit) and states that if the landlord does not comply, you are intending to pursue legal action. The letter should be respectful and in plain language, but because your next step is legal action, you want to be clear.
3. Collect your evidence
Your evidence is key to your case, for example:
- A signed copy of the tenancy agreement
- Proof of rent paid or arrears
- Dated photographs of the disrepair
- A record of your communication or requests
- Invoices for temporary accommodation or items that were damaged
If you intend to claim for costs or expenses, you will also need to show they are reasonable and that they were as a direct result of your landlord’s failure to act on your requests or complaints.
4. Submit your claim online
With CaseCraft, you can claim online as a small claim through our AI enabled platform, with no solicitor required . We do all the preparation and submission for you . All you’ll need to do is submit the claim . There is a court fee for the claim, normally between £35 and £455 depending on how much you are claiming , but you can usually recover this money from the defendant if your claim is successful .
Check If You Can Take Court Action
Although the small claims option is certainly not appropriate for all situations in England and Wales, it is often used to resolve issues under £10,000, especially when contact has ceased. You may be able to initiate a small claim if:
- Your landlord has not returned your tenancy deposit after the tenancy has ended and you have exhausted all other forms of dispute resolution or otherwise they are not available,
- You are owed money (for example you have overpaid rent or incurred costs as a result of urgent repairs and your landlord refused to take action),
- You believe you have lost money as a result of your landlord’s actions.
Shelter and Citizens Advice think that people usually take court action when communication has completely broken down, particularly with regards to issues related to health or safety.

Risks of going to court
Taking your landlord to small claims court is not without risk for the tenant, which is why it should be regarded as a last resort.
Risk of eviction for private tenants
If you are a private tenant with a rolling tenancy agreement, or at the end of your tenancy, your landlord can issue you a no-fault eviction notice (such as, Section 21 in England) after you have made your claim. This is not guaranteed but is something you should be aware of before you go ahead with the claim process. If you are already in a vulnerable state or situation with housing insecurity, you should speak with a housing adviser first.
Landlord’s counterclaim
It is possible your landlord may file a counterclaim against you for money you owe them – potentially rent arrears, damage to property, or breach of contract. This means your case would become a two-way claim and the judge will weigh evidence from both parties separately and reach a conclusion.
If this happens, you will want to prepare a defence. This means you cannot rely on your complaints and claims to make your case. You will have to ‘disprove’ the landlord’s claims separately.
Problems with getting compensation
Even if the court rules in your favour when you take a landlord to small claims court, you may be left with a problem in terms of getting your money back. Getting your compensation may require you to follow additional processes, including applications to use bailiffs, or by applying for a charging order against the landlord’s assets.
This process can often take time, so while you consider bringing a claim against your landlord, take into account their ability (and intent) to repay your claim before you start.
What happens after your win your case?
Taking your landlord to small claims court and winning the case is just the start when it comes to getting your money back.
When a judgement is made the court should then order the landlord to pay you the awarded amount within a given time (usually 14 – 28 days) which may include the amount of your full claim, costs and some cases, interest.
If they refuse to pay you, options of enforcement include:
- Warrant of control. Court bailiffs can come into the property to either collect money or take goods.
- Attachment of earnings. Money can be taken directly from the landlords wages (if employed).
- Charging order. A legal charge is put on your landlord’s property.
Tenants should be very careful about enforcement action. Some enforcement measures require you to pay in advance (often added to the debt) and there is often extra paperwork.
Success stories
CaseCraft AI is an advanced platform designed to simplify the small claims application process. We use cutting-edge AI technology to automate critical tasks such as document preparation, case tracking, and compliance management, ensuring efficiency and accuracy at every step. Whether you’re filing or responding to a claim, CaseCraft AI streamlines the process for greater accuracy and efficiency.
CaseCraft AI can handle a wide range of small claims, including unpaid debts, contract disputes, service agreement disputes, and property damage claims. The platform includes an eligibility check that guides you through the process, ensuring your claim meets the necessary legal requirements.
Yes, security is a top priority. We use enterprise-grade encryption and comply with UK GDPR and the Data Protection Act 2018 to ensure the confidentiality and security of all user data. Regular security audits and access controls further protect sensitive information.
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