Does Fixing the Problem End a Rent Repayment Order Claim?

If you are a renter in England and your landlord has only recently resolved an issue—such as making property repairs, addressing safety concerns, or finally getting a licence for a house in multiple occupation (HMO)—you might wonder what this means for your rights. Can you still claim compensation, or apply for a Rent Repayment Order (RRO), even though the issue has been fixed?

Understanding Your Rights After the Problem Is Fixed

It’s a common question: if the landlord resolves a problem after you’ve complained, does that mean you no longer have grounds for a claim? In many cases, the answer is no—you may still be entitled to take action, especially if you lived with the problem for some time.

What Is a Rent Repayment Order (RRO)?

A Rent Repayment Order (RRO) is a legal process allowing tenants to claim back up to 12 months' rent if their landlord has committed certain offences. Common reasons include:

• Letting out an unlicensed HMO (House in Multiple Occupation)
• Failing to comply with improvement notices or prohibition orders
• Illegal eviction or harassment

RROs are decided by the First-tier Tribunal (Property Chamber). Even if your landlord has since acquired the required licence or made overdue repairs, you can usually still apply for an RRO covering the period when the breach occurred.¹

Does Fixing the Issue Make a Difference?

The timing matters. You generally have up to 12 months from the date of the landlord’s offence to apply for an RRO. If your landlord only fixed the problem after you raised concerns, this does not automatically cancel your right to claim.

• If you lived in an unlicensed HMO for several months but now the landlord has a licence, you can still claim rent for the unlicensed period.
• If repairs were done late, and you suffered disrepair or unsafe conditions, you may still seek compensation or action via the tribunal.

However, if the landlord took reasonable steps to fix the problem as soon as they became aware, this may affect the amount of compensation or rent you are awarded. The tribunal will consider landlord conduct as part of your case.

Applying for a Rent Repayment Order

When seeking an RRO, here’s how the process typically works:

• Collect evidence—emails, photos, council letters, and any proofs of the problem period.
• Check your eligibility based on the Housing Act 2004 (as amended by the Housing and Planning Act 2016).
• Apply to the First-tier Tribunal (Property Chamber).

Relevant Official Forms

• Form RRO1: Application for a Rent Repayment Order – Used to begin your case at the Tribunal. Accessible from the official RRO1 application form page.
  • Example: If you found your HMO was unlicensed for 5 months, and it’s recently been licensed, you would complete Form RRO1 for the period it was unlicensed, attach evidence, and send it to the tribunal.

Other Types of Compensation

Besides RROs, you might be eligible to claim compensation for disrepair in the county court if you were left in unsafe or poor conditions for an unreasonable time. Government guidance on repairs explains your landlord’s duty under the Landlord and Tenant Act 1985, section 11.

What the Tribunal Considers

The First-tier Tribunal will weigh several factors, such as:

• The length and severity of the offence
• How quickly the landlord fixed the problem
• Your cooperation as a tenant

Action Steps for Renters

• Gather evidence from the period before the landlord fixed the problem (photos, messages, rent statements).
• Submit Form RRO1 if eligible for a Rent Repayment Order.
• You can seek advice from your local council’s housing team or national services if you are unsure about next steps. See resources below.

In summary, a landlord fixing a problem does not automatically remove your right to seek compensation for past issues, especially if there was a period of non-compliance.

Frequently Asked Questions

1. If my landlord gets an HMO licence after I complain, can I still apply for a Rent Repayment Order?
   Yes, you can claim for the time your landlord was operating without the required licence, as long as you apply within 12 months of the offence.
2. Does the tribunal consider if the landlord fixed the problem quickly?
   Yes, the First-tier Tribunal may reduce any compensation or repayment if the landlord took prompt action once aware, but your right to claim may still stand.
3. Can I apply for a Rent Repayment Order if the property is now repaired?
   Yes, you can still apply if there was a qualifying offence in the last 12 months, covering the period before repairs were made.
4. Which form do I need to use for a Rent Repayment Order application?
   You must use Form RRO1, available from the government website. Complete and submit it to the First-tier Tribunal with your evidence.
5. What legislation covers my right to Rent Repayment Orders?
   Your rights are set out in the Housing Act 2004 (as amended), mainly through the Housing and Planning Act 2016, and in the Landlord and Tenant Act 1985 for repairs.

Need Help? Resources for Renters

• Private renting: repairs, complaints and your rights
• First-tier Tribunal (Property Chamber) – handles Rent Repayment Orders and other disputes
• Shelter England housing advice
• Find your local council’s housing team

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1. Housing Act 2004, as amended by Housing and Planning Act 2016 (RROs)
2. RRO1 Application Form (Official government resource)
3. Landlord and Tenant Act 1985 (Repairs)

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