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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.

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. 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. 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. 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. 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. 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.

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.

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.

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.

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:

01

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;

02

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);

03

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.

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.

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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.

Whether you are seeking compensation for unpaid services or defending against a claim, CaseCraft.AI offers step-by-step guidance. By answering a few eligibility questions, you can determine whether your case qualifies for the small claims process. From there, the platform helps you gather and organize evidence, explain your dispute clearly, and submit your case with accuracy.

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.