Recovering rent arrears in 2026: how landlords use money claims and CCJs
A tenant falling behind on rent is usually framed as a possession problem: serve a Section 8 notice, get the property back, move on. But ending the tenancy does not cancel the debt. Whether a tenant is still living in the property or left months ago owing rent, a landlord can recover the arrears through the county court using a money claim and, if needed, a County Court Judgment (CCJ) - separate from possession, and unaffected by the Renters' Rights Act.
A different route from Section 8
A Section 8 notice on Ground 8 gets you the property back; a money claim gets you the money. They are not alternatives - you can serve notice, sue for the arrears, or do both, and a money claim is often the only useful option once a tenant has already left, since there is nothing left to gain possession of. It also does not need the three months' arrears Ground 8 requires; any unpaid amount can be claimed. This is different again from a rent repayment order, which runs the other way - a tenant or council recovering money from a landlord.
Send a letter before you claim
Before issuing a claim, send a formal Letter of Claim - this is not optional. The Pre-Action Protocol for Debt Claims applies whenever a landlord (the "creditor") pursues an individual tenant (the "debtor") for a debt, and sets out what the letter must contain: the amount owed, how interest was calculated, an up-to-date statement of account, and a Reply Form the tenant can use to respond. The tenant then has 30 days to reply before you can start proceedings. Skipping this step is a common reason landlords lose out on costs even after winning - the court expects to see it was followed.
Making the claim
Once the 30 days have passed with no resolution, most landlords use Money Claim Online at moneyclaim.gov.uk, setting out the arrears as a fixed sum plus statutory interest, currently 8% a year, calculated daily from the date each payment fell due. You pay a court fee on issue, banded by the amount claimed - roughly £115 up to £3,000, £205 up to £5,000 and £455 up to £10,000, rising to 5% above that. Claims up to £10,000 normally go through the small claims track, the informal end of the court system where legal representation is not required and costs are not usually recoverable either way. An undefended claim gets a default judgment - a CCJ - without a hearing. Do not let arrears run on: under the Limitation Act 1980, each missed payment has its own six-year clock from the date it fell due.
If they still do not pay: enforcing the judgment
A CCJ does not collect itself - the court will not chase the money unless you ask it to, using one of the routes below. It is also recorded on the Register of Judgments, Orders and Fines for six years, which shows up on credit checks - real leverage even before you enforce anything, since it can make it harder for the tenant to get credit, a mortgage or even a new tenancy elsewhere.
| Option | What it does | Best for |
|---|---|---|
| Warrant of control | County court bailiffs visit and can seize goods to sell | Debts up to £5,000 where the tenant has visible belongings |
| Transfer to the High Court | A writ of control enforced by High Court Enforcement Officers, generally more effective for larger debts | Debts above £5,000, or where bailiffs had no success |
| Attachment of earnings order | Fixed deductions taken directly from the debtor's wages | An employed ex-tenant with a traceable employer |
| Third-party debt order | Freezes money held in the debtor's bank account | A tenant known to hold funds in a specific account |
| Charging order | Secures the debt against land or property the debtor owns | A tenant who owns property - repaid when it is eventually sold |
If the tenancy had a signed guarantor agreement, you are not limited to chasing the tenant - a guarantor is normally jointly and severally liable for the same debt, and naming them alongside the tenant is often the more realistic route to getting paid once an ex-tenant is harder to trace. For future tenancies, weigh this whole process against the cost of rent guarantee insurance, which exists to avoid the chase altogether.
Serve the notice, then claim the arrears
If the tenancy has not ended, a correctly served Section 8 notice on Ground 8 is usually the first move - it deals with possession while you build the dated arrears schedule you will need for a money claim. Our Section 8 Notice Pack prepares the notice and grounds schedule from your answers.
See the Section 8 Notice Pack →Frequently asked questions
Can I make a money claim while the tenant still lives there? Yes. A money claim for rent arrears is entirely separate from a Section 8 notice or possession proceedings, so you can pursue one, the other, or both at the same time.
What if my ex-tenant cannot be traced or has no money? A CCJ is only useful if you can find the debtor and they have income or assets to enforce against. If you cannot trace them, the judgment still sits on their credit file for six years, but enforcement stays difficult until they resurface.
How long do I have to claim rent arrears? Six years from the date each missed payment fell due, under the Limitation Act 1980. Each unpaid month effectively has its own six-year clock, so do not let old arrears run on indefinitely.
Do I need a solicitor to make a money claim? Not usually for a straightforward claim under £10,000, which goes through the small claims track and can be issued on Money Claim Online. Legal advice is worth getting if the debt is disputed, large, or enforcement needs to move to the High Court.
This guide is general information for landlords in England and Wales, not legal advice for your specific circumstances. Check current guidance at gov.uk before starting a claim.