Common Reasons for Rent Repayment Orders in England

If you are a renter in England, you may have heard of 'rent repayment orders'—a way for tenants to claim back rent if the landlord breaks certain housing laws. Understanding when you could be owed money back from your landlord can help you protect your rights and finances.

What Is a Rent Repayment Order?

A rent repayment order (RRO) is a legal tool that allows tenants to reclaim up to 12 months of rent from their landlord if the landlord is found to have committed specific offences, such as illegal eviction or renting out an unlicensed property. Rent repayment orders are handled by the First-tier Tribunal (Property Chamber) in England—a specialist court for housing disputes.^[1]

Main Reasons Renters Can Claim Rent Repayment

In England, there are several situations where you may be eligible to claim back rent from your landlord:

• Unlicensed Houses in Multiple Occupation (HMOs): If your landlord rents out an HMO without the required licence from the local council, you can apply for an RRO. An HMO is typically a property rented by three or more people who form more than one household.^[2]
• Failure to Licence Other Rented Properties: Some councils require landlords to have extra property licences beyond HMOs. If your accommodation needs a 'selective licence' and your landlord does not have one, you might claim.
• Illegal Eviction or Harassment: If your landlord tries to evict you without following legal procedures or harasses you to leave, these are criminal offences. An RRO is possible in such cases.
• Breach of Improvement Notices: If the council serves an improvement notice (a formal demand for repairs or safety upgrades) and your landlord does not comply, you can apply for a rent repayment order.
• Failure to Comply with a Prohibition Order: If the council prohibits the use of your home (perhaps due to serious health or safety risks), and your landlord ignores this, you may make a claim.

Each of these situations has specific legal requirements. Always check your local council's licensing rules and speak to a professional if unsure.

How Renters Can Apply for a Rent Repayment Order

Applying for an RRO involves sending the proper documentation and evidence to the tribunal. Here is how you start the process:

• Collect evidence: This may include your tenancy agreement, proof of rent payments, letters from the council, or anything showing the landlord has committed one of the offences above.
• Complete the form: The official form is the Application for a Rent Repayment Order – Form RRO1.
• Send your application: You must send Form RRO1 and your supporting evidence to the First-tier Tribunal (Property Chamber). There may be a fee to pay at the time of application.
• Wait for a response: The tribunal may ask for more information or hold a hearing. If your application is successful, they will order your landlord to repay some or all of the rent you paid during the offence.

For further details on each step, visit the official rent repayment orders page on GOV.UK.

Key Legislation: Housing and Planning Act 2016

Rent repayment orders are governed by the Housing and Planning Act 2016, Part 2, which establishes both the offences and the process for tribunals to order repayment.^[3]

What Is Form RRO1?

Form RRO1: Application for a Rent Repayment Order is the official document used by tenants or local authorities to ask the tribunal to order a landlord to repay rent. For example, if you lived in an unlicensed HMO in Manchester for six months and discovered your landlord had no licence, you could submit Form RRO1 with proof of your tenancy and payments. Download Form RRO1 here and review the official instructions.

FAQ: Rent Repayment Orders in England

1. How much rent can I get back with a rent repayment order?
   Renters can claim up to 12 months’ rent paid during the period the landlord was committing the offence. The tribunal decides the amount based on the seriousness of the case and if you have already received any compensation.
2. Can I claim a rent repayment order if I receive housing benefit or Universal Credit?
   You can still claim. However, if your rent was paid by housing benefit or Universal Credit, the tribunal can decide to repay some or all of the money to your local authority instead of directly to you.
3. Do I need a lawyer to apply for an RRO?
   No, you do not need a lawyer—most renters fill out the application themselves. You can contact a local advice service or your council for additional help.
4. What if my landlord threatens to evict me for applying?
   It is illegal for a landlord to evict you in retaliation for making a legal claim. If you are threatened or harassed, contact your local council or seek immediate advice from Shelter England.
5. Can I make a claim even if I have left the property?
   Yes. As long as you apply within 12 months of the offence, you can make a claim even if you no longer live in the property.

Need Help? Resources for Renters

• GOV.UK Official Guide: Rent repayment orders
• Download Form RRO1 (Application for a Rent Repayment Order)
• First-tier Tribunal (Property Chamber) (for applications and guidance)
• Shelter England: Private Renting Advice
• Citizens Advice: Renting Privately

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1. First-tier Tribunal (Property Chamber)
2. Housing Act 2004 (HMOs and property licensing)
3. Housing and Planning Act 2016, Part 2

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