Making a Small Claim

Understanding Small Claims

Small claims are a type of legal proceeding designed for simple cases involving relatively small amounts of money, typically not exceeding £10,000. These claims are often used to seek compensation or recover funds when something has gone wrong, such as:

• Faulty products
• Poor service
• Refund disputes
• Minor landlord-tenant disputes
• Unpaid wages for work performed
• Accidents resulting in personal injury

Small claims are also known as 'money claims' and are intended to be straightforward, often not requiring the assistance of a solicitor.

Seeking Assistance for Small Claims

If you decide to seek help with your small claim, you have several options:

• Contact your nearest Citizens Advice for guidance on your case and potential claim amount.
• Explore low-cost legal help, but be mindful that solicitor fees may exceed any compensation received.

Alternatives to Small Claims

Before initiating a small claim, it's advisable to attempt resolving the issue through alternative means, such as:

• Making a formal complaint
• Engaging in formal mediation
• Utilising 'alternative dispute resolution'

For non-consumer related issues, you can seek mediation advice from the Civil Mediation Council.

The Impact of Initiating a Small Claim

In some cases, simply starting the small claims process can prompt the person or business you're claiming against to pay, potentially avoiding the need for a court appearance altogether.

Making a Small Claim for Service or Product Issues

If you've encountered a problem with a service or product you've paid for, such as:

• Poor service quality
• Faulty or defective products
• Non-delivery of a paid-for service or product

You may be eligible to make a small claim for compensation. Small claims can be made for amounts up to £10,000.

Time Limits for Making a Small Claim

In most cases, you have the right to make a claim up to 6 years after the date you paid for the service or product. However, in some instances, your rights may extend beyond the 6-year period.

It's important to note that initiating a small claim within the appropriate time frame is crucial to protect your rights and increase your chances of a successful outcome.

Small Claims for Rental Property Repairs

If you're a tenant and your landlord is responsible for repairing something in your rental property, you may be able to make a small claim in the following situations:

• If your landlord hasn't carried out the necessary repairs and the estimated cost of repairs is up to £1,000.
• If your landlord has completed the repairs, but you're seeking compensation of up to £10,000.

Check which repairs your landlord is responsible for if you’re not sure.

Claiming Compensation for Rental Property Repairs

When making a small claim related to rental property repairs, you may be able to claim compensation for various factors, such as:

• Inconvenience
• Stress
• Cleaning costs
• Additional heating expenses

Determining the appropriate amount of compensation to claim can be challenging. It may be beneficial to seek legal assistance from an adviser or solicitor to ensure your claim is reasonable and well-supported.

Time Limits for Claiming Rental Property Repairs

If your landlord was aware that repairs were needed but failed to address them within a reasonable timeframe, you must make your small claim within 6 years of the date they became aware of the necessary repairs.

Small Claims for Unpaid Work

If you're self-employed or have completed work for which you haven't been paid, you can make a small claim for up to £10,000 to recover the money owed to you.

It's important to gather all relevant documentation, such as contracts, invoices, and correspondence, to support your claim and demonstrate the work completed and the agreed-upon payment terms.