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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.

Case studies

Success stories

"CaseCraft AI will change the industry — it puts power back in the hands of individuals. No more costly lawyers or confusing paperwork. It’s fast, fair, and incredibly user-friendly."
Jessica H.

Tested by Sterling Law

“Really impressed with how smooth the system is. The interface is clean, and it just makes handling cases feel effortless. Everything is where you need it, without any unnecessary steps.”
Daniel K.

Tested by Sterling Law

“The platform is incredibly intuitive. I was able to start using it without any complicated training, and it’s made organising case documents much simpler.”
Edward M.

Tested by Sterling Law

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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Co-founder

Alexander Mints

Finance, operations and product development

Alexander has made significant contributions to the field of investment management, notably through his role in establishing EG Capital Advisors and spearheading its Emerging Markets Corporate High Yield investment strategy from its inception. His career is marked by a deep understanding of credit analysis, risk evaluation, and a hands-on approach to investment management, honed through extensive experience in the industry.

Previously holding key roles in reputable financial institutions, Alexander served as the Head of Analytics and Portfolio Manager at Alfa Capital’s Multi-Family Office Department. There, he applied his skills and comprehensive market knowledge to manage portfolios effectively, ensuring client satisfaction and investment success.

His career journey also includes a tenure at SDM Bank, where he worked as an Economist and Financial Supervision Specialist in the Risk Assessment Group.

Co-founder

Michael Iatsukha

Legal research and product development

Michael, a partner at, a Legal 500 law firm, Sterling Law and co-founder of AQLO, brings his expertise in civil litigation, corporate and commercial law to the forefront of legal technology and innovation.

His experience at Sterling Law, where he navigated clients through the complexities of litigation, is invaluable in informing the development and functionality of CaseCraft AI. Michael’s practical approach to legal challenges, focused on efficient and client-friendly solutions, is embedded into the core of CaseCraft AI, ensuring users receive not just technological convenience but also legally sound guidance.

Similarly, his involvement in AQLO, a testament to his innovative spirit and tech-forward thinking, complements his work at CaseCraft AI. His ability to merge legal proficiency with technological advancement is a cornerstone of his contribution to CaseCraft AI, making the platform a pioneering tool in legal tech.

Co-founder

Dmitry Bagrov

Technology oversight

Dmitry Bagrov led the establishment of DataArt UK and currently oversees all aspects of its operations, from sales to production and HR management.

In his time as a Managing Director, Dmitry has built DataArt UK into a fully-staffed provider of end-to-end solutions and has brought annual revenue from $2.4 million in 2009 to over $110 million in 2023. He has led teams to gain a range of clients, including Flutter, Apax Partners, Trainline, Coller Capital, Ocado Technology, British Gas, major UK banks and financial services firms.

With over thirty years’ experience across product and service development, delivery, sales and management, Dmitry’s 24 years with DataArt followed roles of project manager and developer in other companies.

Dmitry is a regular media commentator on business technology issues, such as digital strategy, digital transformation, innovation, and has been quoted in The Financial Times, The Times, The Guardian, TechWeekEurope, Vanilla+, Forbes, BBC and numerous other news outlets.

Dmitry holds an MBA from London Cass Business School.

Co-founder

Ruslan Kosarenko

Legal research, PR and marketing

Ruslan Kosarenko is a renowned UK immigration lawyer and Partner, recognized by Legal 500. He manages a team of 40 lawyers and is a visionary in immigration law, co-founding several platforms that are transforming the immigration process. These include Emigral, an immigration tech platform; AQLO, a legal and accounting tech platform for startups; talentvisa.uk, an immigration tech platform for talented individuals; Bug Free Immigration, an immigration and recruitment platform for high-ranking IT professionals; and the London Business Club.

As the Head of Immigration at Sterling Law, he has co-founded platforms like “Emigral” and “Talentvisa” revolutionizing the UK immigration process. His expertise covers High Net Worth applications, extradition, and human rights applications. He is known for being a ‘strategic problem solver.’

Ruslan has a strong commitment to integrating technology into immigration services, evident in his partnership with EMIGRAL.UK, focusing on AI-enhanced solutions to streamline the immigration process. His legal acumen is also demonstrated in significant cases like R (on the Application of Franco) v SSHD.

Advisor

Ed Crosse

Ed Crosse is a Commercial Disputes Partner at Simmons & Simmons LLP and a CEDR Accredited Mediator, with over 30 years’ experience representing clients across a wide range of sectors including Wholesale and Private Banking, Wealth Management, AMIF, Real Estate Finance, Health & Life Sciences, Defence, and Aviation. He has particular expertise in commercial and civil fraud claims arising from or into the UAE, Switzerland, and CIS countries. Ed is frequently instructed to conduct internal investigations involving financial services regulation and suspected corrupt payments.

Renowned for his meticulous and unrelenting approach to litigation, Ed is regarded as a “leave no stone unturned” advocate. He is known for his strategic, considered style—choosing precision over aggression and bringing clarity to complex disputes.

Ed has played a leading role in shaping litigation practice in England and Wales. As President of the London Solicitors Litigation Association (LSLA) in 2016, he helped drive significant civil procedure reforms in the Business and Property Courts, including the Shorter and Flexible Trials Scheme (STS) and the Disclosure Pilot (now Practice Direction 57AD). In 2018, he was elected to the Council of the Law Society of England & Wales representing the City of London and serves on the City of London Law Society committee. He is a respected speaker and chair at legal industry events, regularly addressing both technical and strategic topics.

Recognised as a Tier 1 “Leading Partner” in Civil Fraud, Ed has been described by legal directories as “a star litigator”, “client-focused”, and “a highly experienced litigator with great judgement, who combines excellent knowledge of the law with a real understanding of the commercial drivers of cases.”

Ed qualified as a solicitor in 1997, having trained at Clifford Chance and practiced at a leading City firm before joining his current firm in 2012.

At CaseCraft.AI, Ed serves as a trusted Advisor, contributing across several critical areas:

  • Strategic Guidance: Providing expert advice on legal strategy to ensure the platform aligns with current legal standards and best practices.

  • Industry Insights: Offering a deep understanding of legal market trends, challenges, and opportunities to guide product development and positioning.

  • Network Expansion: Introducing CaseCraft.AI to key stakeholders, partners, and clients within the legal ecosystem.

  • Product Evaluation: Delivering thoughtful, practical feedback on the platform’s capabilities, identifying areas for refinement and innovation.

  • Mentorship: Supporting the founding team with seasoned insight, helping them navigate the legal tech landscape with clarity and confidence.