Applying to the Court for Rent Arrears Only

If it is not necessary to obtain possession, a landlord may wish to make a claim under the terms of the tenancy agreement for debt using the small claims procedure of the County Court. The amount awarded by the court will be determined at the trial date. If a claim is being made for interest on arrears, this must be stated on the claim form because interest will not automatically be added to the debt. If the sum is cleared and further arrears arise, it will be necessary to submit an additional claim.

Before the landlord can start a claim, a "Letter of Claim" must be sent to the defendant giving at least 30 days to agree (or disagree) to payment. This is required under the Pre-Action Protocol for Debt Claims.

The court service has a simple form (N1) that can be completed at the local court or using a money claim online. The claim fees are based upon the amount of debt due at the date of the claim. Following an application to the court, a claimant and defendant may be invited to reach an agreement to settle by negotiation or by using a free telephone mediation service.

It is always worth making an effort to establish any reason for non-payment of rent before taking action. Non-payment may result from delays by the local authority in processing a housing allowance claim, and liaison with the tenant and local authority may well be sufficient to resolve any problem.

Suppose the amount of the arrears (and any other charges) is less than the tenancy deposit. In that case, it may be worth applying for the case to be adjudicated under the tenancy deposit protection scheme. Ensure that suitable paperwork is submitted to support the claim to the adjudicator. Simply declaring that the tenant did not make a payment will not usually be sufficient on the application form.