Rent Repayment Orders: What Landlords Must Know

What a Rent Repayment Order is

Under the Housing and Planning Act 2016, as amended by the Renters' Rights Act 2025, tenants and local housing authorities may apply to the First-tier Tribunal (Property Chamber) for an order requiring a landlord to repay rent. The maximum amount is 12 months of the rent paid during the period when the specified offence was being committed.

An RRO is available regardless of whether the landlord has been criminally convicted. The tribunal applies the civil standard of proof — the balance of probabilities — in determining whether the offence was committed.

Offences that trigger RRO eligibility

An RRO can only be applied for where a landlord has committed one of the specified offences. The Renters' Rights Act 2025 expanded the list of qualifying offences beyond those in the original 2016 framework. The current qualifying offences include:

• Letting a property without the required HMO licence (Housing Act 2004, s.72)
• Failing to comply with an improvement notice (Housing Act 2004, s.30)
• Failing to comply with a prohibition order (Housing Act 2004, s.32)
• Unlawful eviction or harassment of a tenant (Protection from Eviction Act 1977, s.1)
• Using violence to enter property (Criminal Law Act 1977, s.6)
• Breach of a banning order (Housing and Planning Act 2016, s.21)
• Letting a property without registration on the PRS database (Renters' Rights Act 2025) — once the database is operational
• Misuse of Ground 1 or Ground 1A — obtaining possession on the basis of sale or occupation and then re-letting without genuine justification (Renters' Rights Act 2025)

The list of qualifying offences may be expanded by further regulations. Always check current GOV.UK guidance for the up-to-date position.

Who can apply for an RRO

Both tenants and local housing authorities may apply to the First-tier Tribunal for an RRO:

• Tenants — a current or former tenant who paid rent during the period when the offence was committed may apply for an RRO for their own benefit. The tenant retains any repayment ordered.
• Local housing authorities — where the tenant received housing benefit or Universal Credit (housing element) during the relevant period, the local authority may apply for an RRO on behalf of the public purse. Any repayment goes to the local authority rather than the tenant.

A tenant and a local authority cannot both obtain an RRO in respect of the same period and property — only one application succeeds.

How much can be ordered

The maximum amount of an RRO is 12 months of the rent paid during the period when the offence was being committed. The tribunal has discretion over the amount within that maximum — it will consider the conduct of both the landlord and tenant, the financial circumstances, and the seriousness of the offence.

A first offence or an unintentional breach may result in a lower award. A deliberate or repeated offence — particularly unlawful eviction or HMO licensing failure — is likely to attract a higher award. There is no minimum. The tribunal may order any amount from £1 to the 12-month maximum.

The tribunal process

Applications are made to the First-tier Tribunal (Property Chamber) in England. The applicant (tenant or local authority) must demonstrate that the qualifying offence was committed. The tribunal applies the civil standard of proof — it does not require a criminal conviction, but the evidence must establish on the balance of probabilities that the offence occurred.

Landlords receive notice of an application and have the right to respond, submit evidence, and attend the hearing. The tribunal will consider all circumstances in deciding both whether to make an order and how much to award.

There is no time limit specified in the primary legislation for how long after the offence an RRO application may be made, but applications are generally expected to be made within a reasonable period. Landlords should be aware that exposure to an RRO claim may persist for some time after the relevant period ends.

How to defend an RRO claim

The landlord's primary defence is to demonstrate that the qualifying offence was not committed. This typically involves:

• Producing evidence that an HMO licence was held, or that the property did not require one
• Demonstrating that an improvement notice was complied with within the required period
• Showing that a possession was obtained lawfully and that Ground 1 or 1A was genuinely relied upon
• Establishing that any eviction followed a court order obtained through proper process

A strong compliance record — with dated evidence — is the most effective defence. A landlord who can produce timestamped documentation showing they met their obligations is in a materially stronger position than one relying on assertion.

How to avoid RRO exposure

• Ensure HMO licences are in place where required — check with your local authority if uncertain.
• Comply promptly with improvement notices and prohibition orders — never ignore formal notices from the local housing authority.
• Never attempt to remove a tenant without a court order — unlawful eviction is both a criminal offence and a qualifying RRO offence.
• Use Ground 1 and Ground 1A honestly — misusing possession grounds to recover a property and then re-letting exposes you to an RRO claim in addition to other consequences.
• Register on the PRS database when it launches — once operational, letting without registration will be a qualifying offence.
• Keep a compliance record — evidence of your compliance practices, dated and accessible, is your best protection if an RRO application is made.

See the full penalties guide for the complete picture of criminal and civil enforcement exposure for landlords.