Rent repayment orders
An occupier or local authority can apply for a rent repayment order (RRO) requiring a landlord who has committed an offence to repay rent, housing benefit or universal credit.
- What is a rent repayment order
- Offences for which an RRO can be made
- Who can be subject to a rent repayment order
- When an occupier can apply for an RRO
- When a local authority can apply for an RRO
- Applications for a rent repayment order
- Maximum amount of a rent repayment order
- When the Tribunal must award the maximum amount
- When the Tribunal has discretion over the RRO amount
- Deductions or additions to the RRO amount
What is a rent repayment order
A rent repayment order (RRO) is an order requiring a landlord who has committed certain offences to repay rent.[1]
A rent repayment order can require a landlord to repay up to 12 months' of:[2]
rent payments to the tenant
universal credit housing costs element or housing benefit to a local authority
Occupiers and local authorities can apply to the First-tier Tribunal for a rent repayment order.
The amount owed under an RRO is enforceable as if it were a debt in the county court.[3]
Offences for which an RRO can be made
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.[4] 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.
| Offence | Relevant legislation |
|---|---|
| Having control of, or managing, an unlicensed HMO | s.72 Housing Act 2004 |
| Having control of, or managing, an unlicensed property | s.95 Housing Act 2004 |
| Using or threatening violence for securing entry into premises | s.6 Criminal Law Act 1977 |
| Illegal eviction or harassment | s.1 Protection from Eviction Act 1977 |
| Failure to comply with improvement notice | s.30 Housing Act 2004 |
| Failure to comply with prohibition order | s.32 Housing Act 2004 |
| Breach of banning order | s.21 Housing and Planning Act 2016 |
Who can be subject to a rent repayment order
A rent repayment order can be made against the tenant's landlord.
An RRO cannot be made against the director of a company where the company is the landlord.[5]
Superior landlords
A rent repayment order can only be made against the tenant's immediate landlord, not a superior landlord.[6]
The immediate landlord might not always be the person or company named as the landlord on the agreement. The owner of the property could be a tenant's immediate landlord if the person or company named on the agreement is only acting as an agent.[7]
Where it is unclear who the landlord is, for example under a rent to rent agreement, the application can be made against either party or both of them jointly.[8]
When an occupier can apply for an RRO
An occupier can apply for a rent repayment order to recover rent they have paid if the offence:[9]
relates to housing that they were occupying at the time of the offence
was committed in the period of 12 months ending with the day on which the application is made
An occupier is either a tenant or licensee of the landlord. This includes tenancies or licences for a term of more than 21 years.[10]
Occupiers can apply to recover any period of rent during their occupancy, up to a maximum of 12 months.
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.[11]
Application to be made within 12 months
An occupier must apply within 12 months of the offence.
For continuing offences which have now ended, the last date the offence was committed must have been within the 12 months before the occupier's application.[12]
Where 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.[13]
When the tenant has received partial universal credit
Where tenant's rent was partially paid by universal credit or housing benefit, 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.
When a local authority can apply for an RRO
A local housing authority can apply for a rent repayment order to recover housing benefit or universal credit housing costs element from the landlord if:[14]
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:[15]
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 after more than 12 months after the landlord committed the relevant offence.
The authority can apply for an RRO after the expiry of the notice of intended proceedings and after 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.[16]
Local housing authorities must have regard to statutory guidance when considering an application.[17]
When the tenant has paid part of their rent
Where the tenant has paid part of the rent 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.
Applications for a rent repayment order
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.[18]
Applications should be made using Form RRO1.
An appeal against an RRO is made to the Upper Tribunal.[19]
Application fees
An application fee must be paid by the applicant. Further fees are payable if a hearing is necessary.[20]
Successful applicants can recover their application fees.[21]. 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.[22] Beyond reasonable doubt is the criminal standard of proof.
The Tribunal should hold a hearing of the RRO applications if the facts are disputed.[23]
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.[24]
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.[25]
Maximum amount of a rent repayment order
The maximum award which the Tribunal can order is 12 months' rent payments. This is the case even if the landlord has committed more than one offence or committed offences for longer than a 12 month period.[26]
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.[27]
The maximum amount the Tribunal can award can be less than 12 months in certain cases.
When the maximum is 12 months' rent
Where the offence is harassment, illegal eviction or violence for securing entry into premises, the maximum amount the Tribunal can award is the amount paid during the 12 months ending with the date of the offence.[28]
When the maximum can be less than 12 months' rent
For other offences, the maximum award is the amount of rent paid during the period the landlord was committing the offence If the offence was committed for 12 months or more, the maximum is the rent paid in 12 months.
If the offence was committed for a shorter time, the maximum award can be less than 12 months. For example, if the landlord failed to have the correct HMO license for six months, the maximum which can be awarded is six months' rent.
When the Tribunal must award the maximum amount
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 12 months' rent or up to 12 months where the offence was committed for a shorter period of time.
When the application is made by the occupier
Where the occupier applies for the RRO, the Tribunal must award the maximum amount if the landlord has been convicted of an offence or received a financial penalty, and the landlord has:[29]
used or threatened violence for securing entry into premises
illegally evicted or harassed an occupier
failed to comply with improvement notice
failed to comply with a prohibition order
breached a banning order
When the application is made by a local authority
When a local authority has applied, the Tribunal must award the maximum amount if the landlord has been convicted of an offence or received a financial penalty.[30]
When the Tribunal has discretion over the RRO amount
The Tribunal has discretion to award less than the maximum amount when the landlord has not been convicted of an offence or received a financial penalty.[31]
The Tribunal also has discretion when:[32]
the landlord has been convicted of an offence or received a financial penalty for a breach of licencing or HMO licencing rules
the application is made by the tenant
What the Tribunal must consider
The Tribunal must take into account:[33]
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
The Tribunal must also consider the conduct of the occupier where the occupier has applied for the rent repayment order.[34]
Determining the full rent
The Tribunal must determine the full rent paid during the period.[35]
The amount paid as tenancy deposit cannot be included in an RRO while it is still lawfully held as security for the performance of the tenants' obligations.[36]
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.[37]
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.[38]
Seriousness of the offence
The Tribunal must consider the seriousness of the offence.[39] A full award should be made in only the most serious cases.[40]
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.[41]
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.[42]
Deductions or additions to the RRO amount
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:[43]
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.[44]
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.[45] The Upper Tribunal upheld a reduction based on the occupier’s conduct where they obstructed inspections.[46]
Last updated: 19 February 2025