You handed the keys back months ago. Then a letter arrives from your old landlord, or their solicitor, saying you owe £1,800 in rent and that they will take you to court if you don't pay. Maybe you think you gave proper notice. Maybe you think the deposit should have covered it. Maybe you know you fell behind but can't pay it all at once.
Whichever it is, the worst thing you can do is put the letter in a drawer. A money claim has short, fixed deadlines, and a claim you ignore can turn into a County Court judgment against you without anyone hearing your side. A claim you answer is one you can settle, pay over time, or defend.
How long can a landlord chase rent arrears after you move out?
Up to 6 years. Under section 19 of the Limitation Act 1980, a landlord cannot bring a claim for arrears of rent more than 6 years after the date each payment fell due. Each missed month has its own clock, so the oldest arrears drop out first.
A signed written acknowledgment sent to your landlord or their agent can restart the clock for arrears still in time, under section 29(5) and section 30. But section 29(6) makes an exception for rent: paying part of it does not, by itself, extend the time for claiming the remainder already due. Once a claim is out of time, a later acknowledgment or payment cannot revive it.
Rent keeps running until the tenancy legally ends, which is not always the day you left. If you moved out without valid notice, the tenancy may have run on after you left, or ended early if the landlord accepted your keys or re-let the home. Our guide to ending a tenancy with a notice to quit explains what counts. If someone signed as your guarantor, the landlord may chase them too, within the terms of the guarantee they signed.
What should a landlord's letter of claim include?
A landlord who lets as a business, including a letting company, is expected to follow the Pre-Action Protocol for Debt Claims before going to court. The Protocol doesn't say whether a landlord with one flat counts. Either way, the court expects any landlord to warn you and give you a chance to reply before suing.
Under the Protocol, the letter of claim should state the amount owed, say whether interest or charges are being added, and include a statement of account. It should also enclose a Reply Form and a Financial Statement for you to fill in.
You then have 30 days from the date at the top of the letter to reply. A landlord outside the Protocol may give you less, so go by the date in the letter. Use the Reply Form to say whether you agree the debt, and ask for the rent account, the tenancy agreement and an explanation of what happened to your deposit. If you reply in time, the landlord should wait at least 30 days after receiving your form, or 30 days after sending the documents you asked for, whichever is later, before issuing a court claim.
How long do you have to answer a County Court rent arrears claim?
Check the deadline in the court's letter or online account. The general rule under CPR 15.4 is 14 days after service of the particulars of claim, which explain what the landlord says you owe. File an acknowledgment of service within that time and you get 28 days in total. You and the landlord can agree up to 28 more days if you tell the court in writing.
Online Civil Money Claims has different rules. Its online response is normally due by 4pm on the 28th day after the claim was issued, under Practice Direction 51R. Follow the deadline and extension instructions in that service, rather than counting from when the claim reached you.
GOV.UK's guide to responding to a money claim sets out three options:
- Admit the whole amount, and offer to pay in one go or by instalments.
- Admit part of it, if you agree you owe some but not all.
- Defend the claim, if you don't think you owe it.
If you defend all or part of the claim, you can also counterclaim if the landlord owes you money. Put it in the same document as your defence. If you have a counterclaim, think twice before admitting the whole amount, because filing one any other way needs the court's permission. A counterclaim may carry a court fee, so check the current amount on GOV.UK and whether you qualify for Help with Fees.
Can you counterclaim for an unprotected deposit or disrepair?
In England, or for a Welsh assured shorthold tenancy that ended before 1 December 2022, if your deposit had to be protected and your landlord missed the 30-day deadline to protect it or send you the required scheme details, section 214 of the Housing Act 2004 says the court must order them to pay you between 1 and 3 times the deposit. On a £1,200 deposit, that is between £1,200 and £3,600, which the court can weigh against the rent it finds you owe. Our guide to compensation for an unprotected deposit covers how the court sets the amount.
In Wales, if you rented under an occupation contract, the same 1 to 3 times award comes from Schedule 5 to the Renting Homes (Wales) Act 2016, and it applies after the contract has ended.
If the home was in disrepair and the landlord failed to fix it after you reported it, you may have a damages claim that can be taken off the rent they say you owe. How much those claims are worth is covered in our guide to disrepair compensation.
Both can be brought as a counterclaim in the County Court, in the claim the landlord has started. Under section 35 of the Limitation Act 1980, it counts as started on the same date as their claim, so any time limit is measured to the day they issued, not the day you reply.
Can a CCJ for rent arrears be removed?
If you don't respond in time, the landlord can ask the court for default judgment without a hearing. That becomes a County Court judgment, and GOV.UK says it stays on the Register of Judgments for 6 years. Lenders check that register, so a CCJ can make it harder to get credit or pass a rental reference.
There is a way out. Pay the full amount within one month of the judgment and you can apply on form N443 to have it taken off the register. There is a fee, so check the current amount on GOV.UK and whether you qualify for Help with Fees. Pay later than that and it stays on the register for the full 6 years, though you can have it marked as satisfied, which tells lenders the debt is cleared.
Where judgment was entered because the claim never reached you, or you have a real defence, you can apply to have it set aside, which cancels it so your side can be heard. Move quickly, because under CPR 13.3 the court looks at whether you acted promptly.
When a former landlord is pressing you for rent, Remedy can check the figures against your tenancy, spot a deposit or disrepair counterclaim, and draft your reply before the deadline.
