Unpaid rent does not disappear when a tenant moves out. In England and Wales, a landlord can generally bring a claim for rent arrears for six years from the date each instalment became due. The six-year limit applies specifically to arrears of rent under section 19 of the Limitation Act 1980.
Recovery may involve the tenancy deposit, a guarantor where a valid guarantee exists, and ultimately a County Court money claim.
Start with the tenancy deposit
For most private tenancies in England, deposits are capped at five weeks’ rent where annual rent is below £50,000 and six weeks where annual rent is £50,000 or more.
A landlord can seek a deduction for legitimate unpaid rent through the relevant deposit scheme, supported by a clear rent statement and tenancy records. The government’s tenancy deposit protection guidance explains the requirements.
Our guide to chasing and documenting rent arrears before court action covers the evidence landlords should retain.
If a qualifying deposit was not protected and the prescribed information was not provided within the required 30 days, the tenant may potentially seek a financial penalty of between one and three times the deposit.
Check whether a guarantor remains liable
A valid guarantee may provide another recovery route, but its wording matters. Since 1 May 2026, existing assured shorthold tenancies in England moved into the new assured periodic tenancy system. Landlords should therefore check whether an older guarantee continues to cover the tenancy and subsequent rent liabilities.
See when a tenancy guarantee works and when it can be challenged and our plain English timeline of the Renters’ Rights reforms.
| Recovery route | When it may help | Important consideration |
|---|---|---|
| Deposit deduction | Rent remains unpaid at tenancy end | Evidence is required |
| Guarantor claim | Valid guarantee covers the arrears | Check wording and continuing liability |
| County Court claim | Former tenant remains liable | Consider solvency and address for service |
| Tracing | Tenant’s new address is unknown | Needed before effective service/enforcement |
| Warrant or writ of control | Judgment remains unpaid | Depends on judgment amount and circumstances |
| Attachment of earnings | Debtor is employed | Court order required |
| Charging order | Debtor owns property | Secures judgment against an asset |
Bringing a money claim
For a straightforward debt, landlords can start a money claim online. Before issuing, the appropriate pre-action rules should be followed. Where a business, including a sole trader, claims payment of a debt from an individual, the Pre-Action Protocol for Debt Claims can apply and normally gives the debtor 30 days to respond.
Claims worth no more than £10,000 are commonly allocated to the small claims track, although allocation depends on the nature of the case as well as value. Our guide to which court track a civil dispute falls into explains the position, while recent court and tribunal fee changes can help when budgeting.
A court may award simple interest under section 69 of the County Courts Act 1984. The commonly claimed rate is 8%, but an award is discretionary and different contractual arrangements may apply.
Be prepared for disputes about property condition
Former tenants may defend or counterclaim on the basis of disrepair or other housing-condition issues. Keep photographs, inspection records, repair reports and correspondence.
Read managing disrepair counterclaims and the evidence file landlords now need. Tenants dealing with serious condition issues can contact our housing disrepair solicitors in London.
Frequently asked questions
Can a landlord chase rent after a tenant has moved out?
Yes. Ending the tenancy does not extinguish unpaid rent. The usual limitation period for recovering rent arrears is six years from when each payment became due.
What if I cannot find the former tenant?
You may need to trace their current address before issuing proceedings or enforcing a judgment.
Can unpaid rent affect a tenant’s credit record?
Rent arrears do not automatically create a CCJ. If the landlord obtains a County Court judgment and it remains registered, it can affect the former tenant’s credit record.
Is pursuing a small rent debt worthwhile?
It depends on the amount, evidence, court fees and whether the former tenant has income or assets from which a judgment can realistically be enforced.
Where arrears continue while the tenant remains in occupation, our landlord and tenant eviction services can advise on possession and rent claims. Commercial arrears require different procedures, which our commercial lease solicitors in London can address. Where a tenant has died, our probate solicitors in London can advise on claims against the estate.
For advice on recovering former-tenant arrears, contact our solicitors in North London on 020 3581 9293 or info@atalawsolicitors.com.