Rent Repayment Orders — How They Work and How Much You Can Claim

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legally binding order made by the First-tier Tribunal (Property Chamber) requiring a landlord to repay up to 12 months of rent to their tenant. Originally introduced under the Housing Act 2004, RROs were significantly expanded in scope by the Housing and Planning Act 2016, which added new qualifying offences and made them more accessible to tenants.

The fundamental principle of an RRO is that a landlord who has committed a housing offence should not be able to retain rent paid during the period of that offence. The order is a penalty — not just a remedy for financial loss. This means you do not need to prove that you suffered any particular harm as a result of your landlord's offence.

Which Offences Qualify?

Under the Housing and Planning Act 2016, you can apply for an RRO where your landlord has committed any of the following offences:

• Renting a property without a mandatory HMO licence
• Renting a property without a required additional HMO licence
• Renting a property in a selective licensing area without a selective licence
• Illegal eviction or harassment under the Protection from Eviction Act 1977
• Failing to comply with an Improvement Notice
• Failing to comply with a Prohibition Order
• Breaching a Banning Order
• Using or threatening violence to secure entry to a property

In practice, the vast majority of RRO applications are based on licensing offences — particularly the failure to hold a mandatory HMO licence, additional HMO licence, or selective licence. This is especially significant in our five boroughs, all of which operate licensing schemes beyond the national mandatory baseline.

Do I Need a Criminal Conviction Against My Landlord?

No — and this is one of the most important things to understand about RROs. You do not need a criminal conviction against your landlord to bring a successful RRO application. The Tribunal applies a civil standard of proof — balance of probabilities — which means you simply need to show that it is more likely than not that your landlord committed the relevant offence.

In practice, this typically means showing that the property required a licence during your tenancy and that your landlord did not hold one. We establish this by checking the relevant council licensing registers.

How Is the Amount Determined?

The Tribunal has discretion to order repayment of between one and 12 months of rent. In deciding the amount, Tribunals typically consider:

• The seriousness of the offence — for example, whether the landlord was clearly aware of the licensing requirement
• The conduct of the landlord and whether they acted reasonably
• The financial circumstances of the landlord and tenant
• The condition of the property during the tenancy
• Whether the landlord has previous convictions or has been the subject of previous RRO applications

In well-evidenced cases against landlords who knowingly operated without a licence, awards at or close to the maximum are regularly achieved. In cases where the landlord may not have been aware of the licensing requirement, lower awards are more common — though still potentially significant.

Can You Apply After Leaving the Property?

Yes — provided you apply within 12 months of the landlord's offence. Where the offence is a licensing failure, the relevant period is when the unlicensed tenancy was in existence. If your tenancy ended recently and you believe your landlord may not have held the required licence, contact us promptly.

Can You Combine an RRO with a Deposit Claim?

Yes. An RRO and a deposit compensation claim are entirely separate legal proceedings with separate legal bases. They can be pursued simultaneously. Many tenants who qualify for an RRO also have grounds for a deposit compensation claim — and the combined recovery can be substantial. We assess all potential claims as part of the free initial assessment.