Rent repayment orders from 1 May 2026

A rent repayment order (RRO) is an order requiring a landlord who has committed certain offences to repay rent.[1]

Applications should be made to the First-tier Tribunal. The Tribunal must be satisfied beyond reasonable doubt that an offence has been committed. A rent repayment order does not require the landlord to have been convicted of a criminal offence.

When a tenant or local authority can apply

A tenant or local authority can apply within two years of certain offences committed on or after 1 May 2026.

A rent repayment order can require a landlord to repay up to two years of:[2]

• rent payments to the tenant

• universal credit housing costs element or housing benefit to a local authority

Offences committed before 1 May 2026

The rules for rent repayment orders are different for offences committed before 1 May 2026.[3]

A tenant or local authority could apply within 12 months of certain offences committed before 1 May 2026. A rent repayment order before 1 May 2026 could require a landlord to repay up to 12 months' rent.

Where an offence is committed both before and after 1 May 2026, the Tribunal must apply the old rules to the pre-1 May period and the new rules to the post-1 May period.[4]

Find out more about rent repayment orders before 1 May 2026.

The landlord does not need to have been convicted, but the Tribunal must be satisfied beyond reasonable doubt that the landlord has committed a relevant offence.[5] Beyond reasonable doubt is the criminal standard of proof.

The offences for which a rent repayment order can be made are set out in section 40(3) of the Housing and Planning Act 2016.

A rent repayment order can be made against the tenant's landlord.[6] This includes the landlord and a superior landlord, regardless of who rent was paid to.[7]

Where an order is made against more than one landlord, the landlords must be held jointly and severally liable.[8]

Liability of company directors

Where the landlord is a company, a director or officer of the company can be subject to a rent repayment order.[9] This includes company directors, managers, secretaries or other officers.

Where the company is managed by its members, a member who exercises management functions can be subject to a rent repayment order.

Both the person and the company are treated as having committed the offence.

A director or other officer can have a rent repayment order made against them if the offence was:[10]

• committed with their consent or they allowed the offence to occur

• caused by their neglect

All offences except using or threatening violence for securing entry into premises can be caused by neglect.

Offences before 1 May 2026

Where an offence was committed before 1 May 2026, a rent repayment order could not be made against a superior landlord or a company director.

Find out more about rent repayment orders before 1 May 2026.

An occupier can apply for a rent repayment order to recover rent they have paid if the offence:[11]

• relates to housing that they were occupying at the time of the offence

• was committed within the two years before the application is made

Occupiers can apply to recover any period of rent during their occupancy, up to a maximum of two years. An occupier is either a tenant or licensee of the landlord. This includes tenancies or licences for a term of more than 21 years.[12]

Local authorities have powers to help an occupier to apply for an RRO, for example by conducting proceedings on the occupier's behalf or by providing advice on how to do it.[13]

Where the offence was committed before 1 May 2026, different time limits apply. Find out more about rent repayment orders before 1 May 2026.

When the property does not need to have been let to the tenant

Where the offence is that the landlord has knowingly or recklessly misused a possession ground or breached rules on letting or marketing a property, the property does not need to have been let to the tenant at the time of the offence.[14]

Time limits for applications to be made

An occupier must apply within two years of the offence.[15]

For continuing offences which have now ended, the last date the offence was committed must have been within the two years before the occupier's application.[16]

In a case where the previous RRO time limit of 12 months applied, the last day the offence was committed was 3 May 2022, and the tenants applied for a rent repayment order on 4 May 2023. The Upper Tribunal held that a rent repayment order could not be made as the offence was not committed in the 12 month period before 4 May 2023.[17]

When the tenant has received partial universal credit

If a tenant received partial universal credit or housing benefit, they can apply for a rent repayment order for the rent they paid themselves. The rent repayment order amount should be split proportionately between the tenant and the local authority.

Government guidance explains how the amount should be apportioned. Find out more at gov.uk: Rent repayment orders under the Housing and Planning Act 2016.

A local housing authority must consider applying for a rent repayment order to recover housing benefit or universal credit housing costs element from the landlord if:[18]

• the offence relates to housing in the authority's area

• the authority has first served a notice of intended proceedings

A local authority can prosecute a landlord and seek a rent repayment order for the same offence.

The amount the authority seeks to recover cannot exceed the amount of housing benefit or universal credit paid directly or indirectly to the landlord in the relevant period.

Notice of intended proceedings

A local authority's notice of intended proceedings must:[19]

• inform the landlord that the authority intends to apply for an RRO and set out the reasons

• state the amount that the authority seeks to recover

• give the landlord at least 28 days to respond

A notice of intended proceedings cannot be served more than two years after the landlord committed the relevant offence.

Where the offence was committed before 1 May 2026, different time limits apply. Find out more about rent repayment orders before 1 May 2026.

The authority can apply for an RRO after the notice of intended proceedings has expired and it has considered any representations made.

Duty to consider applying for a rent repayment order

When a local authority becomes aware that a person has been convicted of a relevant offence for a property in its area, it must consider applying for a rent repayment order.[20]

Local housing authorities must have regard to statutory guidance when considering an application.[21]

When the tenant has paid part of their rent

A local authority can apply for a rent repayment order where the tenant has paid part of their rent. The rent repayment order amount should be split proportionately between the tenant and the local authority.

Government guidance explains how the amount should be apportioned. Find out more at gov.uk: Rent repayment orders under the Housing and Planning Act 2016.

An application for an RRO is made to the First-tier Tribunal (Property Chamber), and can be made by an occupier or a local housing authority.[22]

Applications should be made using Form RRO1.

An appeal against an RRO is made to the Upper Tribunal.[23]

Application fees

An application fee must be paid by the applicant. Further fees are payable if a hearing is necessary.[24]  

Successful applicants can recover their application fees.[25]. Applicants can request reimbursement of the application and hearing fees in the RRO application form, any further written submissions, and at the hearing.

Standard of proof

The First-tier Tribunal must be satisfied beyond reasonable doubt that the landlord has committed the offence. It is not necessary that the landlord has been convicted of the offence.[26] Beyond reasonable doubt is the criminal standard of proof.

The Tribunal should hold a hearing of the RRO application if the facts are disputed.[27]

Legal costs

The tenant, local authority or landlord might incur costs during the Tribunal process. The Tribunal can make an order for costs to be paid by the other party.[28]

The Tribunal does not usually award legal costs to the landlord unless the claim is unfounded or an applicant behaves unreasonably and the Tribunal decides it is appropriate to make a costs order.[29]

The maximum amount the Tribunal can award for a rent repayment order is two years of rent payments.[30] This is the case even if the landlord has committed more than one offence or committed offences for longer than a two year period.[31]

The RRO amount cannot include rent payments made after the period of an offence, even if they were to pay rent due during the period of offence.[32]

The maximum amount the Tribunal can award can be less than two years in certain cases.

The amount owed under an RRO is enforceable as if it were a debt in the County Court.[33]

When the maximum must be two years' rent

In some cases, the tribunal must calculate the amount of the order starting with a maximum of two years' rent, before any deductions.

The Tribunal must start with the amount paid during two years ending with the date of the offence, where the offence is:[34]

• harassment

• illegal eviction or violence for securing entry into premises

• knowingly or recklessly misusing a possession ground

• provision of false or misleading information to the private rented sector database

When a landlord breaches the restrictions on letting and marketing of a property after using ground 1 or ground 1A, the maximum amount which can be awarded is the rent paid during the period of two years:[35]

• ending with the date of the offence

• or if the tenancy ends before that date, the date the tenancy ended

When the maximum can be less than two years' rent

For other offences, the maximum award is the amount of rent paid during the period the landlord committed the offence, up to a maximum of two years.[36]

If the offence was committed for two years or more, the maximum is the rent paid in two years.

If the offence was committed for a shorter time, the maximum award can be less than two years. For example, if the landlord failed to have the correct HMO licence for six months, the maximum which can be awarded is six months' rent.

In some cases, the amount of a rent repayment order must be the maximum that the Tribunal has the power to order.

This can either be 2 years rent or less than 2 years where the offence was committed for a shorter period of time.

The Tribunal must award the maximum amount if the landlord has been:[37]

• convicted of the offence

• given a financial penalty for the offence

• convicted of another offence which is the same as the relevant offence

• received a financial penalty for another offence which is the same as the relevant offence

• subject to a rent repayment order for another offence which is the same as the relevant offence

Other offences include offences for different tenancies or properties.

Any offences relating to an unlicensed HMO or property are counted as the same offence.[38]

The Tribunal has discretion to award less than the maximum amount when the landlord has not been:[39]

• convicted of the offence

• received a financial penalty

• convicted of another offence which is the same as the relevant offence

• received a financial penalty for another offence which is the same as the relevant offence

• been subject to a rent repayment order for another offence which is the same as the relevant offence

What the Tribunal must consider

The Tribunal must take into account:[40]

• the financial circumstances of the landlord

• the conduct of the landlord

• whether the landlord has been convicted of an offence for which a rent repayment order can be made

• whether the landlord has received a financial penalty for the offence

• whether the landlord has ever had a rent repayment order against them

The Tribunal must also consider the conduct of the occupier where the occupier has applied for the rent repayment order.[41]

Determining the full rent

The Tribunal must determine the full rent paid during the period.[42]

The amount paid as a tenancy deposit cannot be included in an RRO while it is still lawfully held as security for the performance of the tenant's obligations.[43]

Claims by joint tenants

Where the claim is made by one joint tenant and the other tenants don't want to make a claim, the Tribunal should start with the claimant's share of the rent when determining the RRO amount. For example, half of the total rent where there are two joint tenants.[44]

Where three out of five joint tenants applied for a rent repayment order, the award could not exceed the proportion of rent each of them had paid.[45]

Seriousness of the offence

The Tribunal must consider the seriousness of the offence.[46] A full award should be made in only the most serious cases.[47]

The First-tier Tribunal should take into account the seriousness of the offence committed when compared to other examples of the same offence, and other types of offence for which an RRO may be made.[48]

The Upper Tribunal has found that the failure to obtain an HMO licence is not one of the most serious RRO offences. This means that a lower award might be appropriate.[49]

Where the Tribunal has discretion over the rent repayment order amount, it can make deductions from or additions to the amount in certain cases.

Deductions for utilities

Where rent payments include payment towards utilities which only benefited the tenant, this amount can be deducted from the amount of a rent repayment order. For example, payments for gas, electricity or internet access.

Deductions or additions due to the landlord's conduct

Deductions or additions could be made due to:[50]

• the conduct of the landlord

• the financial circumstances of the landlord

• whether or not the landlord has been convicted of a relevant offence or has received a financial penalty

In one case, the Upper Tribunal found that the First-tier Tribunal had not sufficiently considered evidence suggesting that the landlord was suffering from serious mental health conditions.[51]

Deductions due to the occupier's conduct

An occupier's failure to pay rent is conduct that can be taken into account when determining the amount of a rent repayment order.[52] The Upper Tribunal upheld a reduction based on the occupier’s conduct where they obstructed inspections.[53]