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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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In regards XXXXX XXXXX cases brought to the small claims

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In regards XXXXX XXXXX cases brought to the small claims court are the amount for compensation 'capped'?

----- I read the following: "...if you are a tenant and you are claiming compensation against your landlord or seeking an order that he carry out repairs then your claim will be heard in the small claims court if it is for £1,000 or less." -----------

Does this mean you can't claim for over £1000 at the small claims court for landlord / tenant claims?

What do you do if your claim is over £1000 especially if you've left the property and tenancy is over?

Do you go to county court for landlord/tenant claims over £1000 or are they 'capped' full stop?


What stage of the litigation have you reached?

Customer: replied 4 years ago.
I assume at the very beginning.

I've been issued an informal letter from the former tenant that they plan to go small claims route and are about to issue a claim letter. They have stated an amount way over £1000.

I am on my way to work now I will have to answer your questions in about an hour and a half.

Sorry for the delay.

Customer: replied 4 years ago.
No problems. This is a pure compensation claim. Nothing to do with the deposit. I'm assume its for disrepair but they have not really stated what they want to be compensated for. My guess is inconvenience. But there is no detail to what the amount is specifically compensating for. It's below £5000 and well above £1000 hence why I ask the question about the £1000 threshold within the small claims.
Thanks. Will answer around 930ish..

Thanks for your patience.

There is a limit of £1000 in the case of a disrepair claim. If it is above this level then it will not be allocated to the small claims court.

If the tenant does not know this then they will complete the allocation questionnaire incorrectly and then the judge will allocate the claim to the fast track.

This may cause a minor delay in proceedings at the start but it would not prevent the claim from proceeding I’m afraid.

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Kind regards,

Customer: replied 4 years ago.
Thanks. If allocated to Fast Track and not Small Claims does this mean costs can be apportioned?

ie if they lose they pay my costs etc.?

Yes, that's correct. Costs are claimable.

Customer: replied 4 years ago.
Great thanks. One last question; in small claims a "counterclaim" can be a defense response.

Is this the same for Fast Track?

Yes, same in both. You file a Defence and Counterclaim together.

Please kindly rate my answer.

Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
FAO Tom:

Could I ask one more minor question in relation to this issue? Or would you like me to raise a new question?
No, please ask on this thread..
Customer: replied 4 years ago.
If I don't live in the UK and haven't for sometime nor am I a citizen; how is a fast track claim served? Are the time limits different? Can I attribute costs for flights etc.?
I will answer in an hour
Customer: replied 4 years ago.
Hi Tom - did you get a moment to respond?

Sorry, it must have slipped my mind,

it would still have to be served on you even though you are a foreign country said I would instruct someone to do it where you are.

I doubt that you would be ok to claim for your flight tickets because this class is not foreseeable

Guidance on fast track procedures here: