Here is the hard truth that catches landlords out: getting your property back and getting your money back are two different legal jobs. A Section 8 possession claim ends the tenancy and returns the property. It does not hand you the arrears. County court bailiffs enforcing a possession order cannot collect the rent debt for you — to recover the money you have to bring a separate money claim, and the easiest route to that is Money Claim Online (MCOL).
This guide covers how to recover rent arrears (and unpaid damage above the deposit) as a money debt: when to bother, how MCOL works, the fees, getting a County Court Judgment, and the four ways to actually enforce it — because a judgment is only worth what you can collect.
Guidance, not legal advice. Court fees change (they rose in July 2026) — confirm the current figures on GOV.UK before you file.
First, try to avoid court altogether
Litigation is slow, and a judgment against a tenant with no money is worthless. Before you claim:
This is exactly what LetCompliance's Arrears Recovery service does (see the end of this guide): a collections specialist agrees a realistic payment plan and documents each step, for one flat fee with no commission on what is recovered. Court is the fallback, not the first move.
What Money Claim Online is
MCOL is HMCTS's online service for making a money claim, for debts up to £99,999.99. For a typical rent-arrears debt it is faster and cheaper than a paper claim. Claims under £10,000 are dealt with on the small claims track, where costs are limited and you do not usually need a solicitor — which fits most arrears cases.
You can claim the arrears, unpaid charges, and interest, against the former tenant (and any guarantor, if you had one — which is why a guarantee is worth having).
Before you file: the letter before action
The court expects you to follow the pre-action protocol — in plain terms, give the debtor a fair chance to pay before you sue. Send a letter before action (also called a letter before claim) setting out:
Skipping this can cost you at the costs stage even if you win. Keep proof you sent it.
Have your evidence ready: the tenancy agreement, a rent ledger showing every payment and shortfall, the deposit deduction, and the letter before action. A clean ledger is what wins an undefended claim on the papers.
The court fee
The issue fee scales with the amount you claim (plus interest). Indicative bands (confirm the current figures — fees rose in July 2026):
There is a further hearing fee if the claim is defended and listed, and fees to enforce a judgment. You can add the fees to the claim and recover them if you win — but you pay them up front.
Getting a County Court Judgment (CCJ)
Once the claim is served, the tenant can pay, admit it and propose instalments, defend it, or ignore it. If they do not respond in time you can ask the court for judgment in default — a CCJ. A CCJ:
A CCJ is the judgment. It is not the money. If they still do not pay, you enforce it.
Enforcing the judgment — the four routes
This is where landlords underestimate the process. You choose the method that fits what the debtor actually has:
Each has its own fee, added to the debt. Pick the route to the asset the debtor actually has.
Is it worth it? The honest answer
Only a minority of county court judgments are ever paid in full. A money claim is worth pursuing when the debtor is traceable, employed, or owns property — then a CCJ plus the right enforcement route usually gets results, or at least a settlement. It is often not worth it against someone who has disappeared with no assets and no income: you would pay fees to win a judgment you can never collect.
Treat recovery as a commercial decision, not a point of principle. And remember the deposit and any guarantor come first — they are the cheapest money to recover.
How LetCompliance fits
We try to make the claim unnecessary — and, if it isn't, easy to win:
MCOL is the last resort when a tenant simply will not engage — and by then you already have the ledger and the documented history to win it.
Sources
Section 21 → Section 8 Transition Map (2026)
Section 21 was abolished on 1 May 2026. Map every active S21 / Form 6A scenario onto a valid Section 8 ground with this 2-page transition guide.
- Pre-1 May 2026 Form 6A — still valid? Decision tree
- Map every S21 trigger to a Section 8 mandatory / discretionary ground
- Ground 8 (rent arrears) — 13-week threshold under RRA 2025
- Top 5 evidence packs courts now expect for possession
Frequently asked questions
Does winning possession get my rent arrears back?
No. Possession and the money are two separate legal jobs. A Section 8 order returns the property; it does not hand you the arrears, and county court bailiffs enforcing a possession order cannot collect the debt. To recover the money you bring a separate money claim, most easily through Money Claim Online (MCOL).
How much does an MCOL claim cost?
The issue fee scales with the amount claimed plus interest — from tens of pounds for small debts up to about 5% of the claim over £10,000. Claims under £10,000 run on the small claims track, where costs are limited. Fees rose in July 2026, so check the current EX50 figures; you can add the fee to the claim and recover it if you win.
What is the difference between a CCJ and getting paid?
A County Court Judgment (CCJ) is the court ordering the debtor to pay — it is not the money. If they still do not pay, you enforce it: a warrant of control (bailiffs, capped at £5,000 on MCOL), an attachment of earnings order (deductions from wages), a charging order (a charge on property they own), or a third-party debt order (from their bank account).
Is it worth chasing arrears through court?
Only when the debtor is traceable, employed, or owns property — then a CCJ plus the right enforcement route usually gets results. Only a minority of judgments are ever paid in full, so it is rarely worth it against someone with no assets and no income. Deduct the deposit and pursue any guarantor first — that is the cheapest money to recover.