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Taking a Tenant to Small Claims Court: What Landlords Should Know

If tenants have not paid rent or have caused significant damage to your property, you may be wondering, can a landlord take a tenant to small claims court? The answer is yes, however the process can be lengthy and costly.

This article gives an overview of how and when landlords can take a tenant to small claims court.

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When can you take the tenant to a small claims court?

Taking a tenant to small claims court is often the next step when informal negotiation has not been successful and the tenant still owes rent or has caused damage to the property. The process can start whether the tenant is still in the property or has moved out.

To file a claim you must determine what is being claimed and calculate out what the tenant owes. This could be:

  • Unpaid rent
  • Costs of repairs (for damage beyond normal wear and tear)
  • Charges on the tenancy (such as cleaning charges, unpaid utilities)

You will need to provide evidence of the amount the tenant owes you. This may include rent statements, bank statements, tenancy agreements, photographs of damage, quotes/invoices from a contractor etc. The more accurate any documentation you have, the stronger your claim will be.

Starting the claim

After you’ve decided to proceed, you will want to know how to take a tenant to small claims court.

In England and Wales, landlords can now submit claims directly via CaseCraft AI as the only case handling system designed to make small claims more straightforward and faster!*

  1. To begin the process, sign up to the CaseCraft AI platform.
  2.  Identify the full name and address of the tenant (also last known address to former tenants that have left the property), all tenancy agreement initiating details, proof of amounts due, and reasons.
  3. Upload any supporting documentation, e.g. rent schedules, damages, photos of damage to the property, and invoices to repair.
  4. Review and check all information that you entered then submit your claim.
  5. After submitting the claim, CaseCraft AI will serve the notice to the tenant, who will be given 14 days to respond when the tenant is alerted of the claim. The tenant can either admit (accept), defend the claim, or counterclaim and CaseCraft will look after the entire process of the claim.
  6. Check the CaseCraft AI dashboard to check the status of your claim, and for regular notifications and update alerts, and can contact the CaseCraft AI platform for support, if necessary.

CaseCraft AI has made small claims to be managed by landlords today using a simple system.

The court hearing

Most claims are resolved without a hearing. If the tenants don’t respond to your claim, you can apply for a ‘default judgment’ via the online portal. But, if the tenants are defending the claim, it will be referred to hearing in the county court.

At the hearing both sides can present their evidence. The judge will consider:

  • The tenancy agreement terms.
  • What the tenants did not do (e.g. pay rent, or damage to the property).
  • The amount of money you have lost.

Following a successful claim outcome, the court will give an order for the tenants to pay you.

Enforcement

You can take a tenant to small claims court, but even with a successful claim outcome, it does not mean you will automatically receive payment.

If the tenants pay voluntarily, that is the conclusion of the matter. But if they don’t pay, this is where further actions may occur such as:

  • A Warrant of Control allows court bailiffs to take money or goods from the tenants.
  • An Attachment of Earnings Order allows for deductions from the tenant’s wage.
  • A Third Party Debt Order allows freezing and taking funds from their bank account.
  • A Charging Order provides the landlord with a secured debt against real estate property owned by the tenants.

The enforcement options must be right for the financial circumstances of the tenants and may face challenges if the tenant(s) have left the rental property based upon proposed plans.

In summary

Taking a tenant to small claims court is not only a legal right, but it can also be a well thought out business decision to safeguard your rights. If you are pursuing rent arrears, damage caused to property, or both; the court can only enforce what you have documented.

*CaseCraft AI does not provide services for disputes arising from deposit schemes (Deposit Protection Schemes). These disputes are generally mediated or resolved through the arbitration or dispute resolution of these dedicated services.

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.