General guidance only, not legal advice. This article applies to England. Scotland and Northern Ireland have separate systems. Check current government guidance and take advice on your circumstances.
Key Insights
- Eviction ends occupation, not the debt: a tenant leaving doesn't wipe out what they owe.
- Ask for a money judgment in your possession claim: it's the simplest way to put the arrears on the court record.
- Judgment and enforcement are separate steps: a CCJ confirms the debt; enforcement turns it into money.
- Traceability and means matter most: recovery depends on finding the tenant and on them having income or assets.
- Walk away rationally when the costs outweigh the likely return.
Realistic expectations
Recovery is more likely when the tenant can be found, is employed or has assets, there is a guarantor, and your evidence (tenancy agreement, rent schedule, bank statements) is clear. It is less likely where the tenant has no income or assets, can't be found, or your records are thin.
Claim the arrears during possession proceedings
If you are already bringing a possession claim, ask the court to include a money judgment for the arrears and your costs. That avoids a second claim later.
Bringing a separate money claim
If the tenant has already left, you can issue a county court money claim, often through Money Claim Online:
- Prepare your file: tenancy agreement, rent schedule and bank evidence.
- Confirm the defendant's details: their full legal name and a current address.
- Send a letter before claim setting out the debt and a deadline to pay.
- Issue the claim and pay the court fee, which depends on the amount claimed.
- If there's no response, request default judgment. If the claim is defended, the court will manage it to a hearing.
Claims up to £10,000 are normally dealt with as small claims. You generally have six years from when each payment fell due to bring a claim.
What a County Court Judgment does
A CCJ confirms the tenant owes you a specified sum and lets you use enforcement. It doesn't guarantee payment.
Deposits
Where the tenancy allows, you can propose deductions from the protected deposit for unpaid rent, following the scheme's rules. The tenant can dispute it, so keep evidence.
Enforcement options
| Method | Best for | Key requirement |
|---|---|---|
| Attachment of earnings order | Tenants in employment | Knowing the employer |
| Writ of control (High Court) | Faster enforcement | Judgment over £600, transferred to the High Court |
| Warrant of control (county court) | Smaller debts | A known address |
| Third party debt order | Known bank accounts | Evidence that funds are present |
| Charging order | Tenants who own property | An ownership interest |
Choose the method that matches what you know about the tenant. If you don't have a current address, finding one usually comes before spending on enforcement. Licensed tracing agents can help.
When to walk away
- The debt is small, and costs would exceed the likely recovery
- The tenant can't be traced after reasonable, documented attempts
- There is no evidence of income, assets or a guarantor
Walking away is a rational financial decision, not a failure.
Preventing large arrears next time
Act at the first missed payment, consider a guarantor or rent guarantee insurance, and if arrears build, serve a Section 8 notice promptly. Helpland's Section 8 Notice and Court Proceedings services can include a money judgment request in your possession claim.
Frequently Asked Questions
Can I claim rent arrears after the tenant has left?
Yes. Issue a money claim, obtain judgment and choose an enforcement method suited to the tenant's circumstances.
Is it worth pursuing?
It depends on the amount, your evidence, whether the tenant can be found and whether they have income or assets.
How do I get a CCJ?
Issue a money claim and request default judgment if the tenant doesn't respond. If they defend, the court decides.
Helpful Links
This article provides general guidance for landlords in England and does not constitute legal advice. Last reviewed: November 2026.
