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 County Court’s small claims procedure. The amount awarded by the court will be determined at the trial date. If a claim is made for interest on arrears, it must be stated on the claim form, as 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 on the amount of debt due as of 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 in processing a Universal Credit claim, and liaison with the tenant may well be sufficient to resolve any problem.

If the amount of the arrears (and any other charges) is less than the tenancy deposit, 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 stating that the tenant did not make a payment is usually insufficient on the application form.