The rent stopped. The mortgage didn't.
Whether they're still in the property or left owing months, arrears are a debt — and a money claim for that debt is a separate matter from getting the property back.
How landlords describe it when they reach us
The sorts of things landlords tell us when the rent has stopped. Over 110 rent-arrears cases have come to us.
Recovering arrears as a debt
Rent that has fallen due is a debt owed under the tenancy. These are the provisions that usually matter when a landlord pursues it — separately from any question of possession.
Case lawThe tenancy agreement — written or notRent is owed on the agreement, however informal.
A tenancy can exist without a signed document. Where there is no written agreement, the arrangement is usually evidenced by the pattern of payments, the amount regularly paid, and messages about the let — enough, in most cases, to establish what was due.
ActLimitation Act 1980, s.19Arrears of rent: generally six years.
Each instalment of rent normally carries its own limitation period running from the date it fell due, so older arrears can drop away while more recent ones remain claimable. A dated, month-by-month record of what was due and what arrived is typically what a court works from.
Read it on legislation.gov.uk ↗ActCounty Courts Act 1984, s.69Interest on the debt, commonly 8% a year.
Where the tenancy doesn't provide its own interest rate, statutory interest can normally be claimed on arrears from the date each payment became due. It is set out in the claim as a calculated figure rather than argued over later.
Read it on legislation.gov.uk ↗ActCivil Procedure Rules, Part 12If a served claim is ignored, judgment can generally follow without them.
Where a defendant neither acknowledges nor defends a properly served claim within the time limits, the claimant can usually request judgment in default under Part 12. Separately from the CPR, county court judgments are generally entered on the Register of Judgments — though a judgment paid in full within one month is normally removed rather than left showing.
Case lawArrears and possession are separate mattersA money claim doesn't remove anyone from a property.
Recovering the debt and recovering the property are different processes with different rules. A money claim for arrears can be pursued while a tenancy continues or long after it has ended — but it is not a possession order, and doesn't give any right to enter or evict.
General information about the law of England and Wales, not advice on your case. Possession proceedings have their own rules and strict notice requirements.
Four things landlords get told that aren't quite right
Not to claim the money. Possession and arrears are different processes. A money claim for the debt can run whether they're still there or long gone.
Often findable. A claim needs a name and an address for service, and tracing a former tenant is a routine step, not a dead end.
Rent is still owed. A tenancy can exist without a formal document — bank records, messages and the arrangement itself evidence what was agreed.
Most of these claims are £1,000–£5,000. That's well inside small claims, where you don't need a solicitor and the process is designed to be used without one.
Arrears claims we see
Amount owed
What usually comes with it
From JustClaim's own anonymised case records (110+ rent-arrears cases), refreshed monthly. Percentages are of cases where the amount was stated.
Five things to have ready
The process, without a solicitor
Set out the debt
We turn your rent record into a claim: what was due, what arrived, what's outstanding, and interest where it applies.
A formal letter
A letter before action with a deadline. For tenants who have been promising for months, this is often the first thing that changes.
Court claim, prepared
A money claim drafted, checked and filed. If they don't respond, judgment in default may be available; if they don't pay a judgment, it becomes a CCJ on their record.
What JustClaim is: we prepare and file the paperwork for your money claim, for a fixed price shown before you pay. We're not a law firm, this isn't legal advice, and no outcome is ever guaranteed. A money claim recovers the debt — it isn't a possession order and doesn't remove anyone from a property.
Questions people in this exact spot ask
Can I claim rent arrears without evicting the tenant?
Yes. A money claim for arrears is a separate process from possession proceedings. Many landlords pursue the debt while the tenancy continues, or long after it has ended.
My tenant has moved out owing rent. Can I still claim?
Yes — the debt survives the tenancy. What a claim needs is their name and an address where papers can be served, so tracing a former tenant is usually the first practical step.
There's no written tenancy agreement. Does that stop me?
No. A tenancy can exist without a formal document, and rent is owed regardless. Bank records showing the regular payments, plus messages about the arrangement, generally evidence what was agreed.
Can I claim for damage to the property as well?
Often yes, in the same claim — but damage needs evidencing separately from arrears: check-in and check-out photos, quotes for repair, and a clear distinction from ordinary wear and tear.
Can I claim interest on unpaid rent?
Usually. Where the agreement provides for interest, that applies; otherwise claimants can normally ask the court for statutory interest on a debt. We set it out in the claim so you don't have to calculate it.
What happens if they ignore the claim?
If a properly served claim gets no response within the time limit, you can ask the court for judgment in default. An unpaid judgment is registered as a CCJ, which is what tends to get attention from someone who has been ignoring you.
The debt doesn't expire because they stopped replying.
Two minutes to set out the arrears. We'll tell you whether it's worth pursuing — and exactly what it would cost — before you pay anything.
Claim what you're owed →