Claiming Rent Back After an Illegal Eviction in England

If you've been forced out of your home without proper legal procedure in England, you might wonder if you can reclaim the rent you've paid. Understanding your rights around illegal eviction is crucial – not only for your peace of mind but also for ensuring landlords follow the law. This guide explains when and how you can claim rent back, the process involved, and the official forms and resources available to renters facing this distressing situation.

What Is Illegal Eviction?

An illegal eviction happens when a landlord forces you out of your home without following the correct legal process. This can include:

• Changing your locks while you’re out
• Forcibly removing you without a court order
• Harassing or threatening you to make you leave

In England, landlords usually need to serve proper notice and then, if necessary, apply to the court for a possession order before you can be asked to leave your home. Evicting someone without this legal procedure is a criminal offence under the Protection from Eviction Act 1977¹.

Can You Claim Back Rent After Being Illegally Evicted?

Yes, in many cases you can claim rent back following an illegal eviction. The process is known as seeking a Rent Repayment Order (RRO). The First-tier Tribunal (Property Chamber) can order your former landlord to repay up to 12 months' rent to you if they have committed an illegal eviction or certain other housing offences in England.

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal mechanism that allows tenants to recover rent they've paid if their landlord has committed a relevant offence, such as illegal eviction, under the Housing Act 2004 (Section 41-44)², as amended by the Housing and Planning Act 2016³.

• Landlords can be ordered to repay up to 12 months of rent.
• You can apply even if your rent was paid through Housing Benefit or Universal Credit.

It's not necessary for your landlord to be convicted in a criminal court; the tribunal can decide based on the facts of your case.

How to Apply for a Rent Repayment Order

The process involves gathering your evidence, completing the official tribunal form, and submitting your claim. Below are the general steps:

1. Collect Evidence of Illegal Eviction

• Proof of your tenancy (tenancy agreement, rent receipts, payment history)
• Evidence of the illegal eviction (photos, messages, witness statements)
• Proof of payments for the rental period you wish to reclaim

2. Complete the Application Form

• Form: RRO1 – Application by a tenant or local authority for a Rent Repayment Order
  This is the official application for renters seeking rent back due to illegal eviction or related offences. For example, if you were locked out without a court order, fill out and submit the RRO1 form (Rent Repayment Orders) to the First-tier Tribunal (Property Chamber).
• You need to send your form with relevant evidence by post or email, as indicated in the instructions.

3. The Tribunal’s Role

The decision is made by the First-tier Tribunal (Property Chamber). They review cases of renters making claims for rent repayment in England.

4. Attending the Tribunal Hearing

You may be invited to a hearing, which is your opportunity to explain your case. The landlord will have a chance to respond as well. After considering both sides, the tribunal decides whether, and how much, rent must be repaid.

Legislation and Your Rights

Relevant laws protecting renters in these situations include:

• Protection from Eviction Act 1977 – sets out the rules for legal eviction and penalties for landlords who ignore them¹
• Housing Act 2004 and Housing and Planning Act 2016 – provide for Rent Repayment Orders and tenant protections^2,3

What Compensation Might You Receive?

If your claim succeeds, the tribunal may order your landlord to repay you up to 12 months’ worth of rent. The actual amount depends on:

• How serious the offence was
• How long you were affected
• Whether you suffered any financial loss or distress

FAQ: Claiming Rent Back for Illegal Eviction

1. How long do I have to apply for a Rent Repayment Order?
   You must apply within 12 months of the illegal eviction or offence occurring.
2. Is a criminal conviction required for a Rent Repayment Order?
   No, you can apply even if your landlord has not been convicted, as long as the tribunal is satisfied that an offence was committed.
3. What if my rent is paid through Housing Benefit or Universal Credit?
   You can still claim rent back through an RRO, though the tribunal may decide to pay some of the money to the local authority instead of directly to you.
4. What evidence should I provide with my RRO1 application?
   Include your tenancy agreement, proof of payments, written communication, photographs, and any evidence showing the illegal eviction took place.
5. Can I get help filling out the RRO1 form?
   Yes. Local councils, the Citizens Advice network, or legal aid services can help you understand your rights and complete the form accurately.

Key Takeaways

• Renters in England can apply to reclaim rent after an illegal eviction using a Rent Repayment Order.
• The process is handled by the First-tier Tribunal (Property Chamber) and uses the RRO1 form.
• It's important to act quickly, gather evidence, and seek support if you face illegal eviction.

By following the legal process, you can pursue justice and compensation if your landlord has acted unlawfully.

Need Help? Resources for Renters

• Government guide on evictions: England
• Contact your local council housing department
• First-tier Tribunal (Property Chamber) – official tribunal for RRO claims
• Citizens Advice – free, confidential advice on housing and legal issues
• Download the RRO1 Rent Repayment Order form and guidance

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1. Protection from Eviction Act 1977
2. Housing Act 2004, Part 2, Chapter 4
3. Housing and Planning Act 2016, Part 2, Chapter 4

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