When your landlord breaks the promises in your tenancy agreement, you don't have to accept it. Whether they've failed to do repairs, kept your deposit unfairly, or violated other contract terms, you can sue them in the County Court for breach of contract. This guide explains how to take your landlord to court, what damages you can claim, and how JustClaim makes the process simple.
From Letter to Court Claim: JustClaim's AI generates everything you need to sue your landlord - the initial breach of contract letter, the pre-action letter, and the court claim form (N1) with full particulars of claim. Just describe what your landlord did wrong, and we'll create court-ready documents in minutes.
Can You Sue Your Landlord for Breach of Contract?
Yes - if your landlord has broken the terms of your written tenancy agreement, you can sue them in the County Court for breach of contract. You don't need a lawyer, and for claims under £10,000, the case goes through the small claims track designed for self-representation.
What you can claim:
- Compensation for financial losses caused by the breach
- Damages for distress and inconvenience
- Rent reduction for periods when property wasn't as promised
- Return of unfairly withheld deposit
- Court fees (if you win)
Understanding Your Tenancy Agreement as a Contract
A tenancy agreement is a legally binding contract between you and your landlord. When either party fails to honor the specific terms written in that agreement, it constitutes a breach of contract that can be enforced through the courts.
What Forms a Valid Tenancy Contract?
Under English contract law, a tenancy agreement requires:
- Offer and Acceptance - Landlord offers property, you accept the terms
- Consideration - Exchange of rent payment for use of property
- Intention to Create Legal Relations - Both parties intend the agreement to be legally binding
- Certainty of Terms - Clear understanding of rent, duration, and obligations
Most private tenancies have written tenancy agreements that clearly spell out what the landlord must do and what the tenant must do. When your landlord fails to fulfill their written obligations, you have grounds for a breach of contract claim.
Grounds for Suing Your Landlord for Breach of Contract
Your tenancy agreement is a binding contract. When your landlord fails to honor the specific terms written in that contract, you have grounds to sue. Here are the most common contractual breaches that lead to successful court claims:
1. Failure to Fulfill Written Repair Obligations
Many tenancy agreements include specific clauses about what repairs the landlord is responsible for. Common contract terms include:
- "The Landlord agrees to keep in good repair the structure and exterior of the property"
- "The Landlord will maintain heating and hot water systems in working order"
- "The Landlord is responsible for repairs to fixtures and fittings provided at the start of the tenancy"
- "The Landlord will respond to repair requests within [X] days"
The Breach: When your landlord agrees in writing to carry out repairs but then fails to do so within a reasonable time (or the timeframe specified in your contract), this is a clear breach of contract.
2. Breaking Agreed Terms About Property Condition
Your tenancy agreement likely includes terms about the condition of the property. Breaches occur when:
- The property at move-in doesn't match the description in the agreement
- Promised appliances or furnishings are missing or non-functional
- The landlord agreed to complete certain works before you moved in but didn't
- Promised amenities (parking space, storage, garden maintenance) aren't provided
3. Breaching Access and Privacy Terms
Most tenancy agreements include clauses like: "The Landlord will give at least 24 hours' notice before entering the property, except in emergencies."
The Breach: Entering without proper notice (as specified in your agreement), conducting excessive inspections, or using keys to enter when you're away without emergency justification.
4. Violating Promised Services or Utilities
If your tenancy agreement states the landlord will provide certain services, failing to provide them is breach of contract:
- Agreement says "bills included" but landlord demands additional payment
- Promised internet/TV package is never set up
- Building amenities (gym, parking, concierge) mentioned in agreement aren't available
- Regular maintenance services (window cleaning, garden upkeep) specified in contract aren't performed
5. Not Following Agreed Deposit Return Terms
Your tenancy agreement includes specific terms about deposit deductions. Breaches include:
- Deducting amounts for items not mentioned in your agreement
- Not returning deposit within the timeframe specified in your contract
- Claiming for "fair wear and tear" when your agreement defines this differently
- Not following the dispute resolution process outlined in your agreement
6. Breaking Pet or Subletting Terms
Sometimes landlords breach their own agreement by:
- Approving a pet in writing but then demanding you remove it
- Agreeing to allow subletting (with conditions) then trying to evict when you comply with those conditions
- Changing terms mid-tenancy that contradict what was originally agreed
7. Not Providing Agreed Upon Documents or Certificates
If your tenancy agreement specifically states the landlord will provide certain documents (copies of insurance policies, building warranties, appliance manuals), failing to provide these is breach of contract.
Important Distinction: This guide focuses on contractual breaches - when your landlord violates the specific terms written in your tenancy agreement. There are also separate statutory obligations (legal duties under housing law like gas safety certificates, deposit protection schemes) but these fall outside standard breach of contract claims. JustClaim's AI can help with contractual breach letters.
Ready to Sue Your Landlord?
Our AI identifies which contractual terms were breached, calculates your damages, and generates all the legal documents you need to take your landlord to court - from first letter to court claim form.
Before You Sue: The Breach of Contract Letter
Before filing a court claim, you must send your landlord a breach of contract letter. This is both a legal requirement (pre-action protocol) and a practical step - many landlords settle when they realize you're serious about suing.
A legally effective breach of contract letter must contain specific elements to satisfy court requirements and maximize your chances of settlement:
Your Letter Must Include:
Sample Breach of Contract Letter Structure
Here's what a properly-structured landlord breach of contract letter looks like. This is for illustration only - JustClaim generates one tailored to your specific tenancy dispute:
NOTICE OF BREACH OF TENANCY AGREEMENT
[Your Name]
[Property Address]
[Your Email]
[Your Phone]
[Date]
[Landlord's Name]
[Landlord's Registered Address]
Sent via [email and Recorded Delivery]
Dear [Landlord's Name],
RE: Breach of Tenancy Agreement - [Property Address]
I am writing to formally notify you of a material breach of our tenancy agreement and your statutory obligations as a landlord under UK housing law.
1. TENANCY DETAILS
I am the tenant of the above property under an Assured Shorthold Tenancy that commenced on [start date]. The current rent is [£amount per month].
2. THE BREACH
You have breached our tenancy agreement in the following ways:
[Specific description - e.g., "Clause 4.2 of our tenancy agreement states: 'The Landlord will maintain the heating system in good working order.' Despite notifying you on [date] that the heating system has failed, you have not carried out repairs or arranged for repairs to be completed."]
This is a material breach of our contract. The agreed term was clear, you have failed to fulfill your contractual obligation, and I have been deprived of what was promised in our agreement.
3. EVIDENCE OF BREACH
I have documented this breach with the following evidence:
- Copy of signed tenancy agreement highlighting Clause [X]
- Email notification sent [date] requesting repairs (copy attached)
- Follow-up communications on [dates]
- Photographs evidencing the breach (attached)
- Third-party quotes/reports confirming the issue (attached)
4. IMPACT AND LOSSES
As a direct result of your breach, I have suffered:
- Health impact - inability to heat property during winter causing [describe impact]
- Additional costs - £[amount] for temporary electric heaters
- Inconvenience and distress - unable to use property as intended
I reserve the right to claim compensation for these losses.
5. REMEDY REQUIRED
I require you to remedy this breach by [fulfilling your contractual obligation to complete repairs/provide promised services/return deposit as per agreement terms/stop the conduct that violates Clause X] within 14 days of receiving this letter.
[If seeking compensation: "Additionally, I require compensation of £[amount] for the losses I have suffered as a direct result of your breach of contract."]
6. NEXT STEPS
If you fail to remedy this breach within the timeframe specified, I will commence legal proceedings in the County Court for breach of contract without further notice. This may result in you being liable for:
- Damages for all losses I have suffered due to your breach
- Court fees and legal costs
- Interest on the sum claimed
I would prefer to resolve this matter without court action and trust you will honor your contractual obligations.
Please confirm in writing within 7 days that you will comply with this notice and provide a date by which the remedy will be completed.
Yours sincerely,
[Your Name]
Copies sent to:
[Letting agent, if applicable]
[Local authority Environmental Health, if applicable]
Legal Terminology for Your Court Claim
When you sue your landlord for breach of contract, using correct legal terminology in your claim strengthens your position. Here are the key terms that appear in successful landlord breach of contract claims:
Key Contract Law Principles
- "Material breach" or "fundamental breach" - Serious breach that goes to the heart of the contract
- "Minor breach" - Less serious breach that doesn't defeat the contract's purpose
- "Specific performance" - Court order requiring landlord to fulfill their contractual obligation
- "Damages" - Money compensation to put you in the position you would have been in if the breach hadn't occurred
- "Reasonable time" - If contract doesn't specify timeframe, obligation must be fulfilled within reasonable time
- "Repudiatory breach" - Breach so serious it entitles you to terminate the contract
Let AI Handle the Legal Complexity
JustClaim's AI knows exactly which contract law terms to use, how to structure your particulars of claim, and what evidence to include. Just describe what happened - we'll create court-ready documents that judges take seriously.
How to Sue Your Landlord: Step by Step
Taking your landlord to court for breach of contract follows a clear legal process. Here's the complete journey from initial letter to court judgment:
Breach of Contract Letter
Formal notice citing specific contractual terms that were violated. Gives 14 days for remedy. Creates paper trail and shows you're serious about enforcing the contract.
JustClaim: Automatically generated citing your specific tenancy agreement clauses
Letter Before Action (Pre-Action Protocol)
If no response to breach letter, escalate to formal pre-action letter required by Civil Procedure Rules. More detailed than initial breach letter with full particulars of claim.
JustClaim: Complies with Practice Direction on Pre-Action Conduct automatically
Court Claim (Form N1)
File breach of contract claim with County Court. For claims under £10,000, this goes through small claims track - designed for people without lawyers.
JustClaim: Generates completed N1 form with contractual breach particulars of claim
Court Hearing & Judgment
Present evidence of the contract terms, proof of breach, and evidence of your losses. Judge decides whether breach occurred and awards damages.
JustClaim: Provides hearing preparation guide and evidence checklist
Enforcement
If landlord doesn't pay judgment, use enforcement options: bailiffs, attachment of earnings order, third party debt order, charging order on property.
JustClaim: Guides you through enforcement options and forms
Types of Damages You Can Claim
When your landlord breaches the tenancy agreement, you're entitled to claim damages to put you back in the position you would have been in if the breach hadn't occurred:
Direct Financial Losses
- Cost of alternative accommodation if property was uninhabitable
- Additional utility costs incurred due to broken heating/systems
- Cost of temporary repairs you had to arrange yourself
- Damaged possessions due to landlord's failure to maintain property
- Wasted expenses (e.g., if landlord promised furniture that wasn't provided)
Diminution in Value
If the property was not as described or landlord failed to provide promised services, you can claim a percentage of rent back for the period the breach occurred. For example, if heating didn't work for 2 months in winter, you might claim 30-50% rent reduction for that period.
Distress and Inconvenience
For breaches that caused significant disruption, stress, or interference with your enjoyment of the property, courts can award general damages. Amounts vary based on severity and duration - typically £100-£500 per month for serious breaches.
Calculate What You Can Win in Court
JustClaim's AI helps you identify all contractual damages you're entitled to and calculates realistic compensation amounts based on case law. Maximize your claim before going to court.
Common Mistakes to Avoid
Many tenants undermine their breach of contract claims by making these errors:
- Not having a copy of the tenancy agreement - You need the actual contract to prove what was agreed. Request a copy from your landlord immediately if you don't have one.
- Being vague about which clause was breached - Don't just say "they didn't do repairs." Quote the exact clause: "Clause 4.2 states the landlord will maintain heating systems."
- Not giving landlord notice of the problem - Always notify in writing (email/text) about issues. Can't claim breach if landlord didn't know about the problem.
- Not documenting the timeline - Keep records of when you reported issues, when landlord promised to fix them, when deadlines passed.
- Withholding rent without legal advice - This is risky and may breach your own contractual obligations. Seek advice before withholding payment.
- Accepting partial performance without protest - If landlord only partially fulfills obligations, notify them in writing that it's insufficient.
- Not keeping evidence of losses - Save receipts for any costs incurred, take photos, get quotes for alternative services.
- Being emotional rather than factual - Stick to facts and contract terms. "You're a terrible landlord" weakens your position versus "You breached Clause 3.1."
How to Send Your Letter
Proof of delivery is crucial for housing claims. Use multiple methods:
Primary: Recorded Delivery
Send via Royal Mail Signed For or Special Delivery to landlord's registered address. This provides:
- Proof of posting and delivery
- Signature on receipt
- Tracking reference
- Legal evidence for court
Backup: Email
Send the same letter by email to landlord and letting agent (if applicable). This provides immediate delivery evidence and shows urgency.
Copy to Others
Send copies to:
- Letting agent (if you have one)
- Local authority Environmental Health (for repair issues)
- Property ombudsman/redress scheme (if landlord is member)
Important: Your landlord must provide you with their registered address by law. If they haven't, you can report this to the local authority - it's an offense under Section 48 Landlord and Tenant Act 1987.
Evidence You Need
Strong evidence makes or breaks housing claims. Start collecting now:
Essential Evidence Checklist:
Cost to Sue Your Landlord in Court
Taking your landlord to court for breach of contract requires paying court fees upfront. These fees are based on your claim amount:
- Claims up to £300: £35 court fee
- Claims £300.01 - £500: £50
- Claims £500.01 - £1,000: £70
- Claims £1,000.01 - £1,500: £80
- Claims £1,500.01 - £3,000: £115
- Claims £3,000.01 - £5,000: £205
- Claims £5,000.01 - £10,000: £455
Good news: If you win, the court usually orders the landlord to reimburse your court fees on top of your compensation claim.
Fee exemptions: If you receive certain benefits (Universal Credit, Income Support, etc.), you may qualify for fee remission. Apply using form EX160.
Time Limits for Suing Your Landlord
You must start your court claim within strict time limits. For breach of contract claims, you have:
- 6 years from the date of breach - This is when the landlord broke the contract term (e.g., when they failed to do the repairs after being notified)
- 6 years from end of tenancy - For deposit disputes or breaches discovered at move-out
Don't delay: While you technically have 6 years, evidence deteriorates, landlords may become untraceable or go bankrupt, and your case weakens over time. Start your claim as soon as you realize settlement isn't possible.
What Happens After You Send the Breach Letter?
After sending your breach of contract letter, your landlord will respond in one of these ways - each determines your next move:
Scenario 1: Landlord Settles
Best outcome - they agree to fulfill their contractual obligations or pay compensation. Get any settlement in writing before accepting. If they offer partial settlement, JustClaim helps you evaluate whether it's fair or worth pursuing in court.
Scenario 2: Landlord Disputes the Breach
They may claim they didn't breach the contract, or that you're misreading the terms. This is when you need to decide: do you have strong enough evidence to win in court? JustClaim's AI assesses your evidence and advises whether to proceed with the court claim.
Scenario 3: No Response
If you get no response within 14 days, escalate immediately to the Letter Before Action (pre-action protocol), then file your court claim. Don't wait months - take action.
Scenario 4: Landlord Threatens Counter-Action
Some landlords respond to breach letters by threatening eviction or counterclaims. Don't be intimidated - if your evidence is strong, proceed with your claim. They can't legally evict you for pursuing a legitimate breach of contract claim.
Don't Let Your Landlord Get Away With It
When landlords break contracts, they're counting on you not knowing how to fight back. JustClaim gives you everything you need to sue them successfully - from first letter to court judgment. No lawyer needed.
Why JustClaim Beats DIY Court Claims
You could try to figure out court procedures yourself, but here's why that's risky when suing your landlord:
- Court forms are complex - The N1 claim form requires specific legal formatting, proper particulars of claim, and correct court procedures
- You might claim the wrong amount - Underestimate and you leave money on the table. Overestimate and the judge reduces your award
- Wrong legal basis weakens your case - Claiming "breach of contract" when you should be citing specific clauses and contract law principles
- Pre-action protocol is mandatory - Skip it and the judge can penalize you with costs even if you win
- Evidence requirements are strict - Courts need specific evidence formats and proper exhibits
- No escalation path - If your first letter doesn't work, you're on your own figuring out next steps
JustClaim's AI handles the entire legal process for suing your landlord:
- Identifies which specific contract clauses were breached
- Calculates realistic damages based on your losses and case law
- Generates the initial breach of contract letter with proper legal terminology
- Creates the Letter Before Action that satisfies pre-action protocol requirements
- Produces completed N1 court claim form with professionally-drafted particulars of claim
- Provides evidence checklist and hearing preparation guide
- Guides you through enforcement if landlord doesn't pay judgment
Take Action Today
Your landlord signed a contract promising to fulfill certain obligations. When they break those promises, you have every right to sue them for breach of contract and recover your losses.
Most tenants never take action because the legal process seems overwhelming. That's what landlords count on. JustClaim removes all the complexity - just describe what happened, and we'll generate everything you need to take them to court successfully.
Don't let your landlord breach the contract without consequences. Start your claim now and get the compensation you're legally entitled to.