Taking a tenant to the small claims court for rent arrears, and getting a CCJ

In England and Wales, rent arrears are normally pursued as a county court money claim, not in a separate small claims court. Scotland and Northern Ireland use separate systems with different caps, deadlines and limitation rules.

Can you take a tenant to the small claims court for unpaid rent?

You can take a tenant to court for unpaid rent, but no UK nation has a separate court called the small claims court: in England and Wales it is a county court money claim normally allocated to the small claims track up to £10,000, in Scotland it is Simple Procedure up to £5,000, and in Northern Ireland it is the county court small claims process up to £5,000. In England and Wales, GOV.UK says, “You can apply to a county court to claim money you're owed by a person or business,” and CPR 26.9 says “the small claims track is the normal track for any claim which has a value of not more than £10,000.” That covers small claims court rent arrears, unpaid rent, and a separate money claim for damage, but not a disputed possession claim. In Scotland, Simple Procedure covers “payment of a sum of money not exceeding £5,000,” and Northern Ireland’s small claims process generally covers claims “not more than £5,000.”

Can you still chase rent arrears after the tenant has moved out or been evicted?

You can still chase rent arrears after the tenant has moved out or been evicted, because the unpaid rent remains a debt unless it has been paid, settled, prescribed, barred by limitation, or released by insolvency. The ordinary time limits still matter: in England and Wales, the Limitation Act 1980 says, “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”; in Scotland, rent is within the five-year prescription regime because the schedule expressly includes debt due “by way of rent or other periodical payment under a lease”; and in Northern Ireland, the limitation period for comparable simple-contract debt is also six years. A possession order or eviction gets the property back, but it does not by itself turn rent arrears after eviction into a paid debt or stop a money claim for rent arrears after moving out.

Is it worth suing a former tenant for rent arrears and damage, or cutting your losses?

It is worth suing a former tenant for rent arrears and damage only if there is a realistic route to payment, because a judgment against a tenant with no income, assets or guarantor may cost more to enforce than it returns. The NRLA’s blunt practical line is the one landlords should start with: “Where tenants have no assets or income and no guarantor was put in place before the tenancy began, then it is probably not worth enforcing the judgement.” A county court warrant of control in England and Wales costs £96 from 13 July 2026, and OpenRent’s published enforcement guidance says, “There is a limit of £5,000 that county court bailiffs can recover for most tenancies.” So after finally getting a possession order for rent arrears, the decision to pursue a former tenant through small claims for arrears, property damage and legal costs is commercial: sue where there is employment, a guarantor, traceable assets or credit pressure; cut losses where there is nothing to collect.

How long do you have to claim unpaid rent?

In England and Wales you normally have six years from each missed rent payment to claim unpaid rent; in Scotland the ordinary rent-debt clock is five years and prescription can extinguish the debt; in Northern Ireland the comparable limitation period is six years. The England and Wales rule is the Limitation Act 1980: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Scotland is materially different because the Prescription and Limitation (Scotland) Act 1973 applies to obligations due “by way of rent or other periodical payment under a lease,” and after five continuous years the obligation prescribes rather than merely becoming harder to sue on. In Northern Ireland, the Limitation (Northern Ireland) Order 1989 says relevant actions may not be brought “after the expiration of six years from the date on which the cause of action accrued.” So a debt collector can take you to court after six years only if a different limitation rule, acknowledgement, payment or judgment position applies.

Should you use a debt collector instead of going to court?

You should use a debt collector before or instead of court only where persuasion, tracing and payment negotiation are likely to work, because a debt collector cannot create a CCJ and cannot repossess a property. In England and Wales, the Protection from Eviction Act 1977 is explicit that an owner may not recover possession “otherwise than by proceedings in the court,” so a debt collector is for money recovery, not eviction. Debt collectors may charge commission; one rent-arrears agency advertises “a commission rate as low as 8%,” while a specialist litigation provider says an ex-tenant must receive a pre-action letter before a money claim is issued. Debt collectors do take some cases to court, but only by using the same legal route the landlord could use: a county court money claim in England and Wales, Simple Procedure in Scotland, or the small claims process in Northern Ireland. The practical choice is commission and collection pressure versus court fee, judgment and enforcement risk.

How likely are you to win a small claims case?

You are likely to win a rent-arrears small claim only if the rent account, tenancy terms, deposit deductions, disrepair allegations and service history prove the balance claimed, but there is no official win-rate guarantee for landlords. The best national statistic is not a landlord success rate but a warning about how many civil judgments arise without a defended trial: in England and Wales, MoJ statistics for January to March 2026 reported that “94% were default judgments.” That means many money claims are won because the defendant does not respond, not because the claimant wins a contested rent-arrears hearing. If the tenant defends, the court can run the hearing flexibly: CPR 27.8 says, “The court may adopt any method of proceeding at a hearing that it considers to be fair.” In practical terms, the strongest small claims court rent arrears cases are ledger-led, with the tenancy agreement, statement of account, messages, deposit adjudication outcome and photographs lined up against each sum claimed.

What does it cost to take a tenant to court for rent arrears?

The cost to take a tenant to court for rent arrears in England and Wales is mainly the money-claim issue fee, which rises with the amount claimed; for example, GOV.UK says, “if you estimate you’re claiming between £3,000.01 and £5,000, you’d have to pay £205.” That is the court issue fee for the money claim, not the cost of getting the property back and not the cost of enforcing a judgment afterwards. If the landlord also needs possession in England, GOV.UK’s possession-claim route says, “You’ll have to pay £415 using a debit or credit card or Direct Debit.” Scotland and Northern Ireland have separate fee systems and should not be priced from England and Wales county court tables. The £96 warrant-of-control fee and the £5,000 county court bailiff recovery cap are enforcement points, so they matter most after judgment when deciding whether the case is worth pursuing.

How do you get a CCJ against a tenant for rent arrears?

You get a CCJ against a tenant for rent arrears in England and Wales by issuing a county court money claim for the unpaid rent, proving or defaulting the debt, and obtaining a judgment ordering the tenant to pay. GOV.UK describes the trigger from the tenant’s side: “You may get a county court judgment (CCJ) or high court judgment if someone takes court action against you (saying you owe them money) and you do not respond.” If the tenant ignores the claim, or responds but loses, the result is still a money judgment; GOV.UK also says, “If you get no response or the defendant refuses to pay what they owe, you can ask the court to order the defendant to pay.” A CCJ for rent arrears is therefore not a special landlord form: it is the ordinary county court judgment obtained through a debt claim, separate from possession proceedings. Scotland and Northern Ireland have their own judgment and register systems rather than the England and Wales CCJ label.

How long does the tenant have to respond to a county court claim?

In England and Wales, a tenant normally has 14 days after service of the particulars of claim to file a defence, or 28 days after service if they first file an acknowledgment of service. CPR Part 15 states that the defence deadline is “14 days after service of the particulars of claim,” and extends it to “28 days after service of the particulars of claim” where the defendant files an acknowledgment of service. That is the key county court claim response deadline for a rent-arrears money claim. Scotland is different: Simple Procedure builds the timetable around a response date, and the rules state that the last date for service “must normally be 3 weeks before the last date for a response.” Northern Ireland’s small claims process has its own county court timetable. The landlord should not request default judgment until the relevant response period has expired, because premature default applications can be rejected or set aside.

What happens if the tenant ignores the claim?

If the tenant ignores an England and Wales county court rent-arrears claim, the landlord can usually ask for judgment in default once the response deadline has expired. CPR Part 12 allows default judgment where “the defendant has not filed an acknowledgment of service or a defence to the claim,” and GOV.UK says, “If you get no response or the defendant refuses to pay what they owe, you can ask the court to order the defendant to pay.” That is what happens if someone ignores small claims court in practice: the case may never reach a contested hearing, and the claimant may get a court order for the sum claimed, interest and permitted fees. Once judgment is entered, GOV.UK says, “Records of judgments are kept for 6 years unless you pay the full amount within a month.” Ignoring the claim is therefore often the quickest route to a CCJ, but the landlord still has to enforce if the tenant does not pay.

How long does a small claims case take?

A small claims case in England and Wales has no fixed overall duration, but the median time for a small claim to reach trial was 37.6 weeks in January to March 2026. The Ministry of Justice reported: “The median time taken for small claims to go to trial was 37.6 weeks in January to March 2026, 5.1 weeks faster than the same period in 2025.” That figure is better than a promise because it describes what actually happened across the system; an individual rent-arrears claim can be faster if undefended and much slower if defended, amended, stayed for settlement or delayed by service problems. The only fixed hearing-notice rule in the England and Wales small claims track is that the court must “give the parties at least 21 days’ notice of the date fixed for the final hearing” unless they accept less. In Scotland, if a sheriff reserves a Simple Procedure decision, it “must be made within 4 weeks from the date of the hearing.”

How do you present evidence in the small claims court?

You present evidence in an England and Wales small claims rent-arrears case by giving the court and tenant a clear bundle showing the tenancy, rent due, rent paid, arrears calculation, deposit deductions, damage evidence and messages, and by bringing the original documents to the hearing. The small claims track is deliberately less formal: CPR 27.8 says, “The strict rules of evidence do not apply,” and also says, “The court need not take evidence on oath.” That does not mean evidence can be loose; Practice Direction 27A says, “The original documents must be brought to the hearing.” For rent arrears, the most useful format is a one-page rent schedule with dates, rent charged, rent received and balance, followed by the tenancy agreement, inventory, checkout report, photographs, invoices, deposit decision and relevant correspondence. In Scotland, Simple Procedure is more form-led: parties “must send each other and the court a List of Evidence Form (Form 10A) at least two weeks before the hearing.”

What happens at a small claims hearing for rent arrears?

At a small claims hearing for rent arrears in England and Wales, the judge hears both sides, looks at the documents, asks questions, and normally gives the decision the same day. GOV.UK says, “You’ll get a decision on the day of the hearing,” and MoneySavingExpert’s practical summary is that “You present your case in person at court.” The legal setting is informal compared with a full trial, but the result is still a court judgment if the landlord proves the debt or the tenant proves a defence or set-off. A rent-arrears money claim may be suitable for the small claims track, but a disputed possession claim is different; Practice Direction 26 excludes “disputed claims for possession under Part 55” from the ordinary small-claims suitability wording. In Scotland, the sheriff may decide immediately or take time: the Scottish Courts guidance says the sheriff may decide “there and then” or take time to consider disputed facts and evidence.

What happens if you lose, and do you pay the other side's costs?

If you lose a small claim in England and Wales, the court can dismiss your claim or order you to pay money, but the ordinary small-claims rule is that the loser does not usually pay the winner’s solicitors’ costs. CPR 27.14 starts from the restrictive rule that “The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses” except for listed categories. Those exceptions can include court fees, limited witness expenses, expert fees if allowed, fixed costs and costs for unreasonable behaviour, so losing is not cost-free. If the tenant counterclaims for disrepair, deposit deductions or damage to belongings and wins, the landlord may face a money order as well as losing the arrears claim. GOV.UK states the basic result of a successful money claim: “If you win your case, the court will order the person or business who owes you money (the ‘debtor’) to pay you.” Scotland and Northern Ireland apply their own expenses rules.

Will you get a CCJ if you lose in the small claims court?

In England and Wales, you can get a CCJ if you lose in the small claims court and the court makes a money judgment against you, because a CCJ is not limited to default judgments. The Register of Judgments regulations define “judgment” as “any judgment or order of the court for a sum of money,” so a defended hearing loss can produce the same registerable kind of order as ignoring the claim. If the court simply dismisses your claim and makes no money order against you, there is no debt judgment against you merely because you lost. If the tenant wins a counterclaim, or the court orders you to pay a specific sum, the risk changes: that money order can be registered and affect credit unless paid quickly enough under the applicable register rules. GOV.UK’s CCJ guidance says, “Records of judgments are kept for 6 years unless you pay the full amount within a month.”

Can a company dodge a CCJ by winding up and starting again under a new name?

A company cannot make a CCJ vanish merely by trading through a new company, but ordinary limited liability often means the judgment is against the old company unless a restoration, insolvency, fraud, misfeasance or phoenix-company name rule gives a route against someone else. The Insolvency Service says, “the law allows owners, directors and employees of insolvent or dissolved companies to set up new companies to carry on a similar business.” The hard restriction is name reuse after liquidation: it says a director in the previous 12 months is “banned from taking part in the management of another business with the same name” unless an exception applies, and Insolvency Act 1986 s.216 adds that breach can mean “imprisonment or a fine, or both.” Section 217 then makes a contravening director “jointly and severally liable” for relevant debts. If the old letting-agent company has been dissolved, Companies Act 2006 s.1030 gives a general six-year window for restoration applications.

Are rent arrears wiped out if the tenant goes bankrupt?

Rent arrears owed before bankruptcy are usually wiped out on discharge in England and Wales, and pre-sequestration arrears are similarly discharged in Scotland, but rent falling due after the insolvency starts can remain payable if the tenancy continues. In England and Wales, Insolvency Act 1986 s.382 includes “any debt or liability to which he is subject at the commencement of the bankruptcy” as a bankruptcy debt, and s.281 says discharge “releases him from all the bankruptcy debts.” The ordinary discharge point is one year: s.279 says, “A bankrupt is discharged from bankruptcy at the end of the period of one year beginning with the date on which the bankruptcy commences.” GOV.UK adds the practical tail: “You must still pay debts that were not included in your bankruptcy until they're paid off.” Scotland’s Bankruptcy (Scotland) Act 2016 similarly discharges debts owed “at the date of sequestration.” Northern Ireland bankruptcy is separate, but pre-bankruptcy rent arrears are generally treated as insolvency debts there too.

How do you contact the small claims court?

In England and Wales you do not usually contact a separate small claims court; you start a money claim online or by post, and Money Claim Online’s published helpdesk number is 0300 123 1056. GOV.UK’s instruction is simple: “You can apply online or by post,” and the MCOL page describes itself as “HM Courts & Tribunals Service Internet based service for claimants and defendants.” Scotland is separate: Simple Procedure is run through the sheriff court, the statute says there is “a form of procedure to be known as ‘simple procedure’,” and Scottish Courts direct users to Civil Online to “manage and track a Simple Procedure claim.” Northern Ireland is separate again: nidirect says the small claims process lets claims be decided informally by the County Court, and its online service “allows the public and businesses to make a small claims application outside normal working hours and track the progress of the application online.” Use the court named on the claim form once proceedings have started.

Last reviewed September 2026.

Sources

• Civil Procedure Rules, Part 26.9(4) — “Subject to paragraph (1), the small claims track is the normal track for any claim which has a value of not more than £10,000.” Source
• GOV.UK, make a court claim for money — “You can apply to a county court to claim money you're owed by a person or business.” Source
• Courts Reform (Scotland) Act 2014 s.72 — “proceedings for payment of a sum of money not exceeding £5,000,” Source
• nidirect, small claims process — “In general a small claim is one where the value to be claimed is not more than £5,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.” Source
• Limitation Act 1980 s.5 — “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Source
• Prescription and Limitation (Scotland) Act 1973 Sch.1 para.1(a)(v) — “(v) by way of rent or other periodical payment under a lease;” Source
• Limitation (Northern Ireland) Order 1989 Art.4 — “Subject to Articles 5, 7 and 9, the following actions may not be brought after the expiration of six years from the date on which the cause of action accrued—” Source
• NRLA, enforcing a CCJ — “Where tenants have no assets or income and no guarantor was put in place before the tenancy began, then it is probably not worth enforcing the judgement.” Source
• OpenRent, enforcing a CCJ after the tenancy has ended — “There is a limit of £5,000 that county court bailiffs can recover for most tenancies.” Source
• Protection from Eviction Act 1977 s.3 — “it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.” Source
• Frontline Collections, landlord debt collection — “We provide a fixed fee rent debt collection company with a commission rate as low as 8%.” Source
• Ministry of Justice, Civil Justice Statistics Quarterly January to March 2026 — “Of these, 94% were default judgments, up 2pp on its share in January to March 2025.” Source
• Civil Procedure Rules, Part 27.8 — “The court may adopt any method of proceeding at a hearing that it considers to be fair.” Source
• GOV.UK, money claim court fees — “For example, if you estimate you’re claiming between £3,000.01 and £5,000, you’d have to pay £205.” Source
• GOV.UK, possession claim online — “You’ll have to pay £415 using a debit or credit card or Direct Debit.” Source
• GOV.UK, county court judgments for debt — “You may get a county court judgment (CCJ) or high court judgment if someone takes court action against you (saying you owe them money) and you do not respond.” Source
• GOV.UK, after you make your claim — “If you get no response or the defendant refuses to pay what they owe, you can ask the court to order the defendant to pay.” Source
• Civil Procedure Rules, Part 15 — “(a) 14 days after service of the particulars of claim” Source
• Civil Procedure Rules, Part 15 — “(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim” Source
• Act of Sederunt (Simple Procedure) 2016, Schedule 1 Part 3 — “This must normally be 3 weeks before the last date for a response.” Source
• Civil Procedure Rules, Part 12 — “(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim)” Source
• GOV.UK, county court judgments for debt — “Records of judgments are kept for 6 years unless you pay the full amount within a month” Source
• Ministry of Justice, Civil Justice Statistics Quarterly January to March 2026 — “The median time taken for small claims to go to trial was 37.6 weeks in January to March 2026, 5.1 weeks faster than the same period in 2025.” Source
• Civil Procedure Rules, Part 27 — “(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and” Source
• Scottish Courts and Tribunals Service, Simple Procedure disputed case — “If the sheriff takes time to consider a decision, the decision must be made within 4 weeks from the date of the hearing.” Source
• Civil Procedure Rules, Part 27.8 — “The strict rules of evidence do not apply.” Source
• Civil Procedure Rules, Part 27.8 — “The court need not take evidence on oath.” Source
• Practice Direction 27A — “The original documents must be brought to the hearing.” Source
• Scottish Courts and Tribunals Service, Simple Procedure disputed case — “Parties must send each other and the court a List of Evidence Form (Form 10A) at least two weeks before the hearing.” Source
• GOV.UK, what happens at the hearing — “You’ll get a decision on the day of the hearing.” Source
• MoneySavingExpert, small claims court — “You present your case in person at court.” Source
• Practice Direction 26 — “Cases generally suitable for the small claims track will include consumer disputes, accident claims, disputes about the ownership of goods and most disputes between a landlord and contract-holder under the Renting Homes (Wales) Act 2016 or a landlord and tenant other than opposed claims under Part 56, disputed claims for possession under Part 55 and demotion claims or prohibited conduct standard contract order claims both as defined by rule 65.11, whether in the alternative to a claim for possession or under Part 65.” Source
• Scottish Courts and Tribunals Service, Simple Procedure disputed case — “At the end of the hearing, the sheriff may either make a decision there and then, or can take time to consider the facts that were disputed and the evidence that was heard, before making a decision.” Source
• Civil Procedure Rules, Part 27.14 — “The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –” Source
• GOV.UK, what happens at the hearing — “If you win your case, the court will order the person or business who owes you money (the ‘debtor’) to pay you.” Source
• Register of Judgments, Orders and Fines Regulations 2005 reg.3 — ““judgment” means any judgment or order of the court for a sum of money and, in respect of a county court, includes a liability order designated by the Secretary of State for the purposes of section 33(5) of the Child Support Act 1991” Source
• GOV.UK, phoenix companies and the role of the Insolvency Service — “So, the law allows owners, directors and employees of insolvent or dissolved companies to set up new companies to carry on a similar business.” Source
• GOV.UK, phoenix companies and the role of the Insolvency Service — “Unless any exception applies, anyone who was a director in the 12 months before the company went into liquidation is banned from taking part in the management of another business with the same name.” Source
• Insolvency Act 1986 s.216 — “If a person acts in contravention of this section, he is liable to imprisonment or a fine, or both.” Source
• Insolvency Act 1986 s.217 — “Where a person is personally responsible under this section for the relevant debts of a company, he is jointly and severally liable in respect of those debts with the company and any other person who, whether under this section or otherwise, is so liable.” Source
• Companies Act 2006 s.1030 — “In any other case an application to the court for restoration of a company to the register may not be made after the end of the period of six years from the date of the dissolution of the company, subject as follows.” Source
• Insolvency Act 1986 s.382 — “(a) any debt or liability to which he is subject at the commencement of the bankruptcy,” Source
• Insolvency Act 1986 s.281 — “Subject as follows, where a bankrupt is discharged, the discharge releases him from all the bankruptcy debts, but has no effect—” Source
• Insolvency Act 1986 s.279 — “A bankrupt is discharged from bankruptcy at the end of the period of one year beginning with the date on which the bankruptcy commences.” Source
• GOV.UK, when bankruptcy ends — “You must still pay debts that were not included in your bankruptcy until they're paid off.” Source
• Bankruptcy (Scotland) Act 2016 s.145 — “On the discharge of the debtor under section 137, 138 or 140 the debtor is discharged of all debts and obligations contracted by the debtor, or for which the debtor was liable, at the date of sequestration.” Source
• GOV.UK, make a money claim — “You can apply online or by post.” Source
• Money Claim Online — “Money Claim Online (MCOL) is HM Courts & Tribunals Service Internet based service for claimants and defendants.” Source
• Courts Reform (Scotland) Act 2014 s.72 — “For the purposes of the procedure and practice in civil proceedings in the sheriff court, there is to be a form of procedure to be known as "simple procedure".” Source
• Scottish Courts and Tribunals Service, Simple Procedure — “Go to Civil Online to manage and track a Simple Procedure claim.” Source
• nidirect, small claims process — “The small claims process allows certain types of claims to be decided informally by the County Court, usually without the need of a solicitor or barrister.” Source
• nidirect, small claims process — “This service allows the public and businesses to make a small claims application outside normal working hours and track the progress of the application online.” Source