Recovering rent arrears after the tenant has left
How to recover rent arrears from a former tenant in England: the deposit, guarantors, a letter before claim, money claim fees, and whether it is worth suing.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- To recover rent arrears from a former tenant, start with what you hold: the deposit, through your scheme's process, and any guarantor.
- For the balance, send a letter before claim and allow 30 days for a reply before you issue a money claim.
- Money claim fees depend on the amount: for example £115 for a claim of £1,500.01 to £3,000, from 13 July 2026.
- GOV.UK says interest on this kind of debt is usually claimed at 8%.
- No money claim can be issued while the debtor is in a Breathing Space.
To recover rent arrears from a former tenant, start with what you already hold: the deposit, through your deposit scheme's process, and any guarantor. For whatever is left, send a letter before claim and, if it isn't paid within 30 days, bring a money claim in the county court. A judgment can then be enforced, for example by taking payments from the former tenant's wages. First, make sure the tenancy has actually ended.
This page covers landlords in England. For the wider steps, see the rent arrears guide.
First, make sure the tenancy has ended
A tenant moving out doesn't by itself end an assured tenancy. It ends when:
- the tenant gives valid written notice (at least 2 months, unless you agreed a shorter period in writing) and it runs out;
- the tenancy is surrendered, for example by agreement; or
- a possession order is enforced.
There is no statutory abandonment procedure. If the tenant has simply disappeared, retaking the property without a surrender or court order risks unlawful eviction. See tenant abandoned the property.
With joint tenants, one tenant's notice usually ends the joint tenancy, and all joint tenants are responsible for the rent.
Work out exactly what is owed
Draw up a final rent schedule up to the date the tenancy ended:
- List every rent payment due and made, with a running balance.
- Apportion the last rent period if the tenancy ended part-way through it. Since 1 May 2026 you must repay any rent the tenant paid for days after the tenancy ended.
- Only count rent. Other charges count as rent only if the tenancy agreement makes them part of the rent.
- Deduct anything already recovered, such as deposit deductions or payments from a guarantor.
The rent arrears calculator helps while the tenant is still in the property; for a final account, your bank statements are the evidence that matters.
Your options to recover rent arrears from a former tenant
| Option | When it fits | Court fee | Guide |
|---|---|---|---|
| Deposit deduction | You hold a protected deposit | None | Using the deposit |
| Claim from the guarantor | There is a written guarantee | Money claim fee | Guarantors |
| Enforce a money order you already have | The possession claim included the arrears | Enforcement fees | CCJs for unpaid rent |
| Money claim against the former tenant | The balance is worth chasing and you have an address | £35 to 5% of the claim | Money Claim Online |
Joint tenants and guarantors
GOV.UK's tenant guide says all joint tenants are responsible for the rent, so you can look to each of them for the arrears, not just the one who stayed longest. A money claim can name more than one defendant, but the online service isn't available for claims against 3 or more defendants, or by more than one claimant (for example, joint landlords both claiming). In those cases, use paper form N1.
Before you sue: the letter before claim
The Pre-Action Protocol for Debt Claims applies to "any business (including sole traders and public bodies)" claiming a debt from an individual. It doesn't say whether a private landlord counts as a business, so the safe course is to follow it. Under the protocol:
- Send a letter of claim by post (email can be used as well). Date it and post it that day or the next.
- Include the amount owed, whether interest or charges continue, details of the tenancy, how to pay, an up-to-date statement of account, the protocol's Information Sheet and Reply Form, and a Financial Statement.
- Wait 30 days. If there is no reply, you can start proceedings 30 days after the date on the letter.
- If they say they're getting debt advice, allow a reasonable time, and at least 30 days from their reply.
- If talks fail, give 14 days' notice before you issue.
Courts can penalise a claimant who ignores the protocol, for example on costs or interest. Use the letter before claim template.
Is it worth it?
Ask four questions:
- How much is owed after the deposit and guarantor? Compare it with the fees below.
- Do you have an address for the former tenant? Online claims aren't available if a party has no address in England or Wales.
- Can they pay? A judgment against someone with no income or assets may stay unpaid, even with enforcement.
- Are they in a Breathing Space? If so, no money claim can be issued until it ends.
Worked example
Rent was £950 a month. The tenant left owing £2,600. You held a protected deposit of £1,000.
| Step | Amount |
|---|---|
| Arrears when the tenancy ended | £2,600 |
| Deposit deduction agreed through the scheme | − £1,000 |
| Balance to claim | £1,600 |
| Money claim issue fee (£1,500.01 to £3,000 band) | £115 |
| Small claims hearing fee, if defended (£1,500.01 to £3,000) | £181 |
| Attachment of earnings order, if the judgment isn't paid | £139 |
If you add interest, it counts towards the claim value and can change the fee band. GOV.UK says the rate for this kind of debt is usually 8%. Defended claims of £10,000 or less are referred to free HMCTS mediation first.
What to do next
Start with the deposit and any guarantor, then send the letter before claim. If it goes unanswered, read Money Claim Online for rent arrears for how to file, and getting a CCJ for unpaid rent for what happens after judgment.
Frequently asked questions
Can I claim if I don't know where the former tenant lives now?
You need an address to serve the claim on. Online money claims aren't available if a party has no address in England or Wales. If you can't find the tenant, a claim may not be practical, so weigh the cost of tracing them against the amount owed.
What if I already got a money order in the possession claim?
Then you don't need a new claim. A money order is a judgment and can be enforced, for example by an attachment of earnings order or a warrant of control. See our guide to getting a CCJ for unpaid rent for the enforcement options and fees.
What will a judgment mean for the former tenant?
A county court judgment stays on the Register of Judgments, Orders and Fines for 6 years. It is removed if paid in full within one month, and otherwise can be marked as satisfied once paid.
Can I claim from the former tenant while they're in a Breathing Space?
No. The court will not issue a money claim while the debtor is in a breathing space, and you must not contact them about the debt. Wait until it ends.
Sources
Related guides
Money Claim Online for rent arrears
How to use Money Claim Online for rent arrears in England: who can claim online, the letter before claim, the 2026 fee bands, default judgment and mediation.
Using the deposit to cover rent arrears
How a deposit deduction for rent arrears works in England, why the 5-week cap rarely covers serious arrears, and the protection rules that can cost you.
Claiming rent arrears from a guarantor
How to claim rent arrears from a guarantor in England, what to check in the guarantee, the new Renters' Rights Act guarantor rule and the court fees.
Getting a CCJ for unpaid rent
How landlords get a CCJ for rent arrears in England, what it means for the former tenant, and each enforcement option with its 2026 court fee and form.
Letter before claim for rent arrears
A free letter before claim template for rent arrears in England, following the Pre-Action Protocol for Debt Claims: what to enclose and when you can issue.
What to do if a tenant has abandoned the property
Think your tenant abandoned the property? England has no legal abandonment procedure. How to check, when it may be a surrender, and how to stay lawful.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.