When a tenant leaves with outstanding rent arrears — whether voluntarily after a possession order or by abandoning the property — the landlord has two options: write off the debt or pursue it through the civil courts. A CCJ establishes the legal debt and enables multiple enforcement mechanisms. However, enforcement is only worthwhile if the tenant has assets or income that can be reached — an insolvent or permanently unemployed tenant with no property or savings may not be worth pursuing regardless of the judgment obtained.
The practical enforcement route will depend on the tenant's employment status and assets. An employed tenant (with a regular salary) is the most straightforward enforcement target — attachment of earnings provides a reliable, employer-administered deduction mechanism. A tenant with savings or a bank account can be targeted by a third party debt order. A tenant who owns property can have a charging order registered against it. Understanding which mechanism suits the debtor's profile is the key to effective CCJ enforcement.
Obtaining a CCJ for rent arrears — alongside possession or standalone
There are two routes to obtaining a CCJ for rent arrears, depending on whether the tenant is still in the property:
- Money judgment alongside possession — most common route: When issuing a possession claim through the Possession Claims Online (PCOL) portal or in court using Form N5, the landlord can simultaneously claim rent arrears as a money judgment. The claim form includes a section for the particulars of the money claim (total arrears as at the date of the claim; ongoing mesne profits at the daily rate until possession). If the court grants possession AND the money judgment, both are contained in the same order. The possession order removes the tenant; the money judgment remains enforceable after the tenant leaves. This is the most efficient route where the tenant is still in the property and possession is also being sought
- Standalone money claim — for former tenants or where possession is not sought: Where the tenant has already left (voluntarily or by enforcement) and the landlord wishes to recover the outstanding arrears, or where the landlord is not seeking possession but wants to recover the debt (e.g., tenant is in arrears but landlord cannot or does not wish to evict), the landlord can issue a standalone money claim. Claims up to £10,000 can be issued via Money Claim Online (MCOL) — a simple online portal; claims above £10,000 are issued using Form N1 in the county court. The claim must identify the defendant's address — a landlord who does not have the tenant's new address may need to apply for permission to serve by alternative method (inserting notice in the old property, for example). Landlords have 6 years from the date each rent payment became due to issue a money claim — this is the Limitation Act 1980 s.5 limitation period for contract claims
- Judgment in default — if tenant does not respond: Once the claim is served, the tenant has 14 days to pay in full, or 14 days to file an Acknowledgement of Service (indicating they intend to defend) and then a further 14 days to file a Defence. If the tenant does not respond within 14 days of service, the landlord can apply for judgment in default — a CCJ issued without a hearing, based on the landlord's claim alone. Judgment in default is available for straightforward undisputed debt claims. The landlord applies for judgment using Form N225 (or the online equivalent) and the CCJ is usually issued within days
- Small claims track and legal costs: County court money claims under £10,000 are allocated to the small claims track. On the small claims track, there is limited recovery of legal costs — the landlord generally cannot recover solicitor's fees from the tenant, even if the landlord wins. Fixed court issue costs (currently £35-£455 depending on claim value) are recoverable. Landlords representing themselves (without a solicitor) on the small claims track can issue and conduct the claim without specialist legal knowledge — the courts expect litigants in person on small claims. Claims above £10,000 are allocated to the fast track or multi-track, where legal costs are recoverable from the losing party (subject to the court's discretion)
CCJ enforcement — warrant of control and attachment of earnings
Once a CCJ is obtained, the landlord must actively enforce it — the court does not collect the debt automatically:
- Warrant of control — taking control of goods (TCG): The landlord can apply to the county court for a Warrant of Control (WC), instructing county court bailiffs (or High Court Enforcement Officers for High Court writs of control) to attend the debtor's premises and take control of the debtor's goods. Under the Taking Control of Goods Regulations 2013 (implementing the Tribunals Courts and Enforcement Act 2007), enforcement agents must give 7 clear days' notice of the first attendance (unless the court grants 'urgent' writ). At attendance, the enforcement agent can: take controlled goods (remove them for sale); or enter a Controlled Goods Agreement (CGA) — leaving the goods with the debtor but entering an agreement that they will not be sold or removed if the debtor pays the judgment by instalments. If the debtor does not honour the CGA, the goods can be removed and sold at auction. Exempt goods include: items essential for the debtor's employment or business (tools; equipment; vehicle essential for work); household items essential for basic needs (bed; bedding; table; chairs; cooker; refrigerator; washing machine; clothes). High-value goods (cars; electronics; jewellery) are prime targets
- Attachment of earnings order — employed tenants: For tenants who are employed (receiving a regular salary from an employer), an Attachment of Earnings Order (AEO) is the most reliable enforcement mechanism. The court orders the employer to deduct a set amount from the debtor's salary each pay period and pay it directly to the court (which then remits it to the creditor). The court sets two rates: the 'normal deduction rate' (the regular instalment deducted from earnings above the protected earnings rate) and the 'protected earnings rate' (the minimum earnings the debtor must retain — this protects the debtor from destitution). AEOs work automatically — the employer must comply or face a fine; the debtor cannot avoid the deduction short of changing jobs. AEOs can only be obtained against employees — not self-employed persons, those on benefits, or those without employment income. Application is made on Form N337
- Third party debt order (TPDO) — bank accounts: If the landlord knows or suspects the debtor has funds in a bank account, a Third Party Debt Order (TPDO) can freeze those funds and redirect them to the creditor. The landlord applies for an Interim TPDO on Form N349; if granted by the court, the Interim TPDO is served on the debtor's bank, which is required to freeze up to the judgment amount in the debtor's accounts. A hearing is then listed to make the TPDO final — at the hearing, the debtor can object. If the TPDO is made final, the bank pays the frozen funds directly to the creditor. TPDOs require the creditor to know the debtor's bank details (bank name and sort code are sufficient — the debtor does not need to provide the account number). A TPDO is most effective where the debtor is known to have a bank account with funds — not suitable for tenants likely to be overdrawn or to have emptied their accounts
- Judgment debtor summons — examining the debtor's assets: Where the landlord does not know the debtor's employment status, bank details, or assets, they can apply for a Judgment Debtor Summons (JDS) — also called an Order to Obtain Information. The court summons the debtor to attend court for an oral examination of their assets, income, debts, and bank details. The debtor must attend and answer questions under oath. If the debtor does not attend, the court can issue a warrant of arrest. The information obtained at the oral examination guides the landlord's choice of enforcement method. Application is made on Form N316 to the court that issued the CCJ
Charging orders, orders for sale, and CCJ credit file impact
Higher-value enforcement tools and the long-term impact of a CCJ on the debtor's credit profile:
- Charging order on the debtor's property: If the debtor owns a property (whether mortgaged or unencumbered), the landlord can apply for a Charging Order registering the debt as a charge against the property. Application is made on Form N379 for an Interim Charging Order; this is served on the debtor and any co-owners or mortgage lenders. A hearing is then listed to make the Charging Order final. The Final Charging Order is then registered at HM Land Registry against the property's title — a notice or restriction is entered on the Register. The charging order does not immediately compel payment — it crystallises when the property is sold, refinanced, or when an order for sale is obtained. The landlord receives their debt (plus interest) from the proceeds of sale ahead of other unsecured creditors. An order for sale (a further application to the court to force sale of the property) is available but courts are very reluctant to order sale of a principal home, particularly where the sum owed is relatively small compared with the property value and where the debtor has family members in occupation
- Interest on CCJ — Judgment Act 1838: CCJs for more than £5,000 attract statutory interest at 8% per annum under the Judgment Act 1838. For smaller CCJs (under £5,000), no statutory interest is added automatically — though contractual interest under the tenancy agreement may apply if the tenancy agreement included an interest clause. For CCJs above £5,000, the interest compounds annually and can materially increase the total amount owed over time if the debtor delays payment. Interest is recoverable through enforcement
- CCJ impact on the debtor's credit file — 6 years: A CCJ is registered at the Registry Trust (an official register maintained under court rules) and appears on the debtor's credit file for 6 years from the date of the judgment — even if the debt is subsequently paid. This makes it very difficult for the debtor to: obtain credit cards; take out loans; get a mortgage; open certain bank accounts; and (importantly for housing) rent privately — many letting agents and landlords conduct credit checks which will reveal the CCJ. If the debtor pays the full amount within 1 month of the judgment date, the CCJ is cancelled (not simply marked as satisfied) and no entry remains on the credit file; a Certificate of Cancellation is issued. If paid after 1 month, the CCJ is marked as 'satisfied' on the register — it still appears on the credit file for the full 6 years, but is marked as paid
- Insolvency — when enforcement is futile: If the debtor is insolvent or bankrupt, enforcement may be impossible or counterproductive. An individual who has made themselves bankrupt receives an Automatic Stay on all civil enforcement proceedings — creditors cannot pursue debts outside the insolvency process. Unsecured debts (like rent arrears) rank behind secured creditors (mortgages) and may receive pennies in the pound if anything from a bankruptcy distribution. Before committing to court proceedings, landlords should consider whether the tenant appears able to pay — a tenant who has no employment, no assets, and is likely insolvent or about to become bankrupt is not a viable enforcement target. The cost of court proceedings may exceed the recovery
Frequently asked questions
Can I get a CCJ for rent arrears at the same time as a possession order?+
Yes. When issuing a possession claim through PCOL or in court using Form N5, you can simultaneously claim rent arrears as a money judgment. The court can grant both a possession order and a money judgment in the same proceedings. The money judgment survives after the tenant leaves and can be enforced by warrant of control, attachment of earnings, third party debt order, or charging order.
How long do I have to claim rent arrears through the courts?+
6 years from the date each rent payment became due, under the Limitation Act 1980 s.5 (contract claims). For example, if rent was due on 1 June 2022 and was not paid, you have until 31 May 2028 to issue a court claim for that month's rent. Claims issued after the limitation period are time-barred and will be struck out.
What is the best way to enforce a CCJ for rent arrears?+
It depends on the debtor's circumstances: (1) employed tenant — attachment of earnings order is the most reliable (automatic deduction from salary); (2) tenant with bank savings — third party debt order; (3) tenant who owns property — charging order on the property; (4) don't know assets — oral examination (judgment debtor summons) to find out. Warrant of control (bailiffs taking goods) is an option but tenants often have limited valuable goods. If the tenant is insolvent, enforcement may be futile.
How does a CCJ affect the tenant?+
A CCJ is registered at the Registry Trust and appears on the tenant's credit file for 6 years. It makes it very difficult to obtain credit, mortgages, or even to rent privately (landlords and agents check credit). If the tenant pays within 1 month of the judgment, the CCJ is cancelled and the credit entry is removed entirely. After 1 month, payment marks the CCJ as 'satisfied' but it remains visible on the credit file for the full 6 years.
- Managing rent arrears — early intervention and recovery strategies →
- Possession Claims Online (PCOL) — issuing possession proceedings →
- Bailiff enforcement — warrant of possession and eviction process →
- Rent guarantee insurance — protection against rent arrears →
- Ground 8 serious arrears — mandatory possession for 3+ months arrears →
- Tenant insolvency — impact on rent arrears claims and possession →