How to apply for a rent repayment order: step by step

A rent repayment order (RRO) is a legal order from the First-tier Tribunal (Property Chamber) that requires a landlord to repay up to 12 months of rent if they have committed a housing offence. You will find out what offences make a landlord liable, how to apply, and what to expect from the process.

What offences can lead to a rent repayment order?

RROs can be made where a landlord has committed one of these offences:

• Unlicensed letting: Renting out a property that requires a licence, such as a house in multiple occupation (HMO), or a property in a selective licensing area, without one
• Illegal eviction: Evicting or attempting to evict a tenant without a court order
• Harassment: Conduct intended to cause the tenant to leave or to stop them exercising their housing rights
• Failure to comply with an improvement notice: Ignoring a notice issued by Environmental Health requiring work to be done
• Failure to comply with a prohibition order: Breaching an order prohibiting occupation of a property
• Failure to comply with emergency remedial action: Ignoring emergency remedial action taken by the council
• Breach of a banning order: Letting out property in breach of a banning order under the Housing and Planning Act 2016

You do not need a criminal conviction. The tribunal applies the civil standard of proof, the balance of probabilities.

Who can apply?

If you are a tenant (or a former tenant) who paid rent during a period when one of these offences was committed, you can apply. Your local council can also apply for an RRO, but councils often do not, so tenants frequently bring their own applications.

How much can you recover?

The tribunal can order repayment of up to 12 months of rent. The actual amount depends on the seriousness of the offence, the landlord's conduct, and other factors the tribunal considers relevant. You do not have to have suffered a particular loss, the RRO is partly intended as a financial penalty on the landlord, not just compensation to you.

The Tribunal can make an order even if you still owe rent, the RRO does not have to be offset against arrears.

How to apply: step by step

Step one, gather the evidence

You need to show that the landlord committed a qualifying offence during the period of your tenancy. Evidence may include:

• Your tenancy agreement (showing you were a tenant paying rent)
• Evidence of the offence, for example, a council notice confirming the property was unlicensed, or evidence of illegal eviction such as police records or witness statements
• Proof of rent payments, bank statements, receipts, rent books

Step two, apply to the First-tier Tribunal

Applications are made on Form RRO1, available from GOV.UK. The form asks you to:

• Identify yourself and the landlord
• Describe the offence committed
• State the rent paid during the relevant period
• Say what you are seeking

There is an application fee, currently £100, though this can be reduced or waived if you receive means-tested benefits.

Step three, serve the application

You must send a copy of your application to the landlord. The tribunal will confirm how to do this.

Step four, the hearing

The tribunal will list a hearing, usually within a few months of the application. Both parties can attend and put their case. You do not need a lawyer, though it can help. The tribunal is less formal than a court.

Step five, the order

If the tribunal is satisfied that the offence was committed, it will make a rent repayment order for the amount it considers appropriate. Payment is then due from the landlord.

Time limits

You must apply within 12 months of the end of the period in which the offence was committed. Do not delay.

Can I combine an RRO with a disrepair claim?

An RRO and a disrepair claim are separate proceedings. However, both may arise from the same landlord failure, for example, a landlord who has not maintained the property may also be operating without a licence. You can pursue both, though you should take advice on how to manage them in parallel.

Sources

• Housing and Planning Act 2016 (rent repayment orders) (legislation.gov.uk)

Related articles

• What is a rent repayment order?
• First-tier Tribunal, Property Chamber explained
• Landlord harassment and illegal eviction