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What you can — and cannot — claim against a landlord through the small claims court. Failure to repair under section 11 Landlord and Tenant Act 1985, damaged possessions, unlawful deductions. When to use a housing solicitor instead.

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

Steps to take when a landlord fails to repair, makes unlawful deductions, or damages your belongings.

Report the issue to your landlord in writing

Put all complaints in writing — email is fine. This creates a record and starts the landlord's repair obligation clock under the Landlord and Tenant Act 1985 s.11.

Give reasonable time to repair

For non-urgent repairs, 28 days is typically reasonable. For urgent matters (no heating, water leak), 24-48 hours. Keep a log of all contact.

If your landlord refuses to repair, obtain a written quote from a tradesperson for the remedial work. This is your evidence of loss.

Send a Letter Before Action

Write to your landlord giving 14 days to remedy the breach or pay compensation. Reference s.11 of the Landlord and Tenant Act 1985.

File via Money Claim Online

Issue your claim for the cost of repairs, any damaged belongings, and general damages for inconvenience. File via MCOL for claims under £10,000.

Bring your evidence: repair log, photographs, correspondence, and the tradesperson's quote. A chronological witness statement is essential.

What you can claim in small claims

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.

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.

Landlord did not protect your deposit?

That is handled as a separate statutory claim — not under landlord-disrepair rules.

See the deposit disputes guide: unprotected deposit penalty claims and the step-by-step process.