How to claim against a landlord through the small claims court
Small claims is for money: damages, refunds, and compensation. Not for getting an injunction or stopping an eviction — those need a different court process and ideally housing-specialist help.
Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep in repair the structure and exterior, and to keep installations for water, gas, electricity, sanitation, and heating in working order. Damp, mould, broken boilers, and leaks fall here.
Unlawful deductions from rent
Where the landlord has overcharged for service charges, deducted amounts not permitted under the tenancy, or kept overpaid rent. Recoverable as a contract claim through MCOL.
Damage to your possessions
If a leak, flood, or pest infestation the landlord knew about damaged your property, you can claim the cost of replacement (or the second-hand value if older). Photographs and receipts are essential.
Harassment or unlawful eviction
Damages under the Protection from Eviction Act 1977 and Housing Act 1988 for harassment, changing the locks, or being shut out without a court order. These are usually serious enough to warrant proper legal advice — contact Shelter or a housing solicitor.
How to claim against a landlord through the small claims court
What you can claim in small claims
Step-by-step: claim against your landlord
What is OUT of scope — get specialist help
- Possession proceedings
- — a landlord trying to evict you uses the County Court possession track, not small claims. Defending these needs housing advice fast.
- Section 21 / section 8 notices
- — a notice itself does not evict you; the landlord must obtain a court order. Get advice before you move out.
- Injunctions to force repairs
- — these are part of disrepair proceedings under the County Court housing list, not small claims. Damages can be claimed in small claims separately.
- Rent Repayment Orders
- — for unlicensed HMOs and similar offences, RROs are heard at the First-tier Tribunal, not in small claims.
For any of these, contact Shelter (0808 800 4444), your local Citizens Advice, or a housing solicitor.