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.
Get started TodayWhen 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!*
- To begin the process, sign up to the CaseCraft AI platform.
- 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.
- Upload any supporting documentation, e.g. rent schedules, damages, photos of damage to the property, and invoices to repair.
- Review and check all information that you entered then submit your claim.
- 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.
- 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.

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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