Appealing a Rent Repayment Order Decision in England: Renter's Guide

If you have received a decision about a Rent Repayment Order (RRO) in England and believe it was incorrect or unfair, you may be wondering what options are available to challenge the decision. This guide explains if and how you can appeal, what the main steps are, and which official forms you need.

Understanding Rent Repayment Orders (RROs)

An RRO allows a renter (or sometimes a local authority) to reclaim up to 12 months’ rent if a landlord has committed certain housing offences – such as renting out an unlicensed property. These cases are usually decided by the First-tier Tribunal (Property Chamber). Decisions are based on the facts and evidence you and your landlord provide.

Can You Appeal a Rent Repayment Order Decision?

In England, you can appeal an RRO decision, but only on specific grounds and within a short deadline. Renters and landlords alike have this right, as the process aims to ensure fair decisions. Appeals are made to the Upper Tribunal (Lands Chamber), not back to the First-tier Tribunal.

On What Grounds Can You Appeal?

• Legal error: The tribunal misunderstood or wrongly applied the law.
• Procedural unfairness: The hearing was not conducted fairly, or key evidence was not considered.
• No evidence for the decision: The decision was made with insufficient evidence.

Generally, you cannot appeal simply because you disagree with the outcome. There must be an error or issue with how the decision was reached.

How to Appeal an RRO Tribunal Decision

If you wish to appeal, you'll first need permission to do so. The process is as follows:

• Request permission to appeal from the First-tier Tribunal. This must be done within 28 days of the original decision.
• If refused, apply for permission from the Upper Tribunal (Lands Chamber).
• If granted, proceed with your appeal by submitting the correct form and supporting evidence.

These steps are official and time-limited, so act swiftly if you plan to challenge a decision.

Official Forms for Appealing an RRO Decision

• Form FTC3: Application for Permission to Appeal to the Upper Tribunal (Lands Chamber)
  Used if the First-tier Tribunal refused permission or if you're appealing directly. Complete this with detailed reasons for your appeal.
  Download FTC3 and guidance.
  Example: If you feel the tribunal did not consider key evidence or misapplied the law, use this form to explain exactly what went wrong.

What Happens After You Appeal?

If your application for permission is accepted, your case will be reviewed by the Upper Tribunal (Lands Chamber). They can:

• Uphold the original decision
• Change the decision
• Return the case to the First-tier Tribunal to be reconsidered

Typically, the Upper Tribunal will consider written submissions. In some cases, there may be a further hearing.

Useful Contacts and Official Tribunals

• First-tier Tribunal (Property Chamber) – Residential Property Division: Handles initial RRO applications and decisions. Visit the official page
• Upper Tribunal (Lands Chamber): Hears appeals of RRO and other property cases. Find guidance and contact details here
• Relevant Legislation: RROs are made under the Housing Act 2004, Chapter 4.

Each of these agencies can provide further details on how your case may proceed and offer official forms and guidance.

Frequently Asked Questions

1. How long do I have to appeal an RRO decision in England?
   You must apply for permission to appeal within 28 days of receiving the decision from the First-tier Tribunal.
2. What happens if my appeal is successful?
   The Upper Tribunal may overturn, change, or send the decision back to be reconsidered by the First-tier Tribunal.
3. Do I need a solicitor to appeal an RRO decision?
   While you're not required to have a solicitor, seeking advice from a housing adviser can help make your appeal as strong as possible.
4. Can I appeal just because I disagree with the decision?
   No. Appeals are only allowed if there was a legal, procedural, or evidential error, not just disagreement over the outcome.
5. Where can I find help to fill in tribunal appeal forms?
   Housing charities and advice services like Shelter, or your local council, can offer free guidance. The government’s tribunal website also includes guides for each form and process.

Need Help? Resources for Renters

• Private renting: your rights and responsibilities (GOV.UK)
• Shelter England: Rent Repayment Orders
• Citizens Advice: Housing
• First-tier Tribunal (Property Chamber) contact details
• Form FTC3 and guidance (GOV.UK)

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1. Housing Act 2004: Rent Repayment Orders
2. First-tier Tribunal (Property Chamber)
3. Upper Tribunal (Lands Chamber)
4. Form FTC3 guidance (GOV.UK)

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