MCOL small claims for landlords: fees and court waiting times
Claims against former tenants for rent or damage are usually small claims, started online (MCOL). If the tenant defends, how long you wait for a hearing depends heavily on the court: in Q2 2026 the middle court took a median of 37.8 wks from issue to hearing.
Information, not legal advice. We don't bring claims; if we introduce you to a solicitor we may receive a referral fee and will tell you first (how we make money).
Small claims court process for landlords
- Letter before claim to the former tenant (and guarantor).
- Issue online – Money Claim Online.
- No response: request default judgment. Defended: allocation to the small claims track, possibly mediation.
- Hearing at a court usually local to the defendant, then judgment.
- Unpaid: enforce the CCJ.
Small claims hearing fees
| Claim claim up to £300 | £27 |
| Claim £300.01-£500 | £59 |
| Claim £500.01-£1,000 | £85 |
| Claim £1,000.01-£1,500 | £123 |
| Claim £1,500.01-£3,000 | £181 |
| Claim over £3,000 | £346 |
Small claims waiting times by court (Q2 2026)
- Stafford Combined Court Centre – 28.0 wks
- Doncaster County Court – 28.4 wks
- Barnstaple County Court – 28.7 wks
- Lancaster County Court – 29.3 wks
- Basingstoke County Court – 29.5 wks
- Lewes Combined Court Centre – 78.4 wks
- Brighton County Court – 61.7 wks
- Brighton County Court – 61.7 wks
- Bromley County Court – 60.7 wks
- Watford County Court – 58.9 wks
MoJ Civil Justice Statistics Quarterly, April to June 2026. Courts in England from our court list; small courts hold few hearings, so single quarters swing.
Common questions
What is the small claims court limit?
The small claims track is generally for claims worth up to £10,000 (lower limits apply to some personal injury and housing disrepair claims).
Do you have to go to court for a small claim?
Only if it is defended and not settled. Many claims end in a default judgment because the defendant does not reply. Defended small claims may be referred to mediation first, and hearings can be informal, sometimes by video or phone.
How much does the small claims court cost?
An issue fee based on the amount (from £35) and, if it reaches a hearing, a hearing fee from £27 to £346. The loser usually pays the winner’s fees, but legal costs are rarely recoverable on the small claims track.
Can my tenant take me to the small claims court over the deposit?
Deposit disputes usually go to the deposit scheme’s free adjudication first. Separately, a tenant can apply to court if a deposit was not protected or the prescribed information was not given.
Related guides
Is it worth claiming?Money Claim Online →
Issue fees and steps.Enforce a CCJ →
If they don’t pay.Deposit protection →
Deposit disputes and scheme rules.
Sources
- GOV.UK: Make a court claim for money
- GOV.UK: Court claim for money – court fees
- GOV.UK: Civil court fees (EX50), updated 13 July 2026
- MoJ: Civil Justice Statistics Quarterly, April to June 2026
- GOV.UK: Tenancy deposit protection
Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.