Emotional Distress and Rent Repayment Orders in England

Renters sometimes experience more than just financial loss when things go wrong with their tenancy in England. It is common to feel stress, anxiety, or emotional upset from issues like illegal eviction, landlord harassment, or poor property conditions. Many renters in England wonder: Can I claim compensation for emotional distress as well as get my rent back? This article gives you a clear overview of your rights, how rent repayment orders (RROs) work, and what official support is available.

What Is a Rent Repayment Order (RRO)?

A Rent Repayment Order is a legal process that allows tenants in England to claim back up to 12 months of rent if their landlord has committed certain offences – such as renting out an unlicensed property, illegally evicting, or harassing tenants. These orders are handled by the First-tier Tribunal (Property Chamber) – Residential Property.

Which Issues Are Covered by a Rent Repayment Order?

• Renting out a property that needs (but doesn’t have) a licence (e.g., a mandatory HMO licence)
• Illegal eviction or harassment of tenants
• Breach of a banning order
• Failure to comply with improvement notices or prohibition orders

For more details, see the official list of offences in the Housing and Planning Act 2016, Section 40.

Can You Claim for Emotional Distress in England?

In most cases, you cannot claim compensation for emotional distress or personal suffering through a Rent Repayment Order in England. RROs are specifically designed to repay rent following landlord offences and are limited to financial redress only.

If you have experienced significant emotional or psychological harm from your landlord’s actions, you would usually need to seek damages through the civil courts – a separate process from a Rent Repayment Order. Proving emotional distress claims can be complex, and courts require evidence such as medical reports or detailed documentation of the distress and its effects.

When Might Emotional Distress Be Considered?

• Tribunals for Rent Repayment Orders do not have the power to award compensation for emotional loss.
• If you were unlawfully evicted or harassed, you may bring a separate claim in the county court for damages, where emotional distress might be recognised.
• The Protection from Eviction Act 1977 and common law govern such claims.

Official Forms for Rent Repayment and Compensation Claims

The process for an RRO is straightforward with the correct documentation. Here’s what you need to know:

• Form RRO1 (Rent Repayment Order Application):
  
  • When to Use: When applying to the First-tier Tribunal to reclaim rent paid to a landlord who committed a relevant offence.
  • How to Use: Complete and submit the form with supporting evidence (such as tenancy agreements, proof of rent payments, and evidence of the landlord's offence).
  • Official RRO1 form and guidance
• County Court Claim Form N1:
  • When to Use: If seeking damages, including for emotional distress, as a separate civil claim.
  • How to Use: Prepare and file the claim form with details of your loss and supporting evidence.
  • Official N1 claim form

The processes and which form to use will depend on your specific situation and what type of compensation you are seeking.

How Does the Tribunal Decide RRO Claims?

The First-tier Tribunal (Property Chamber) considers your application, the evidence of the landlord’s offence, and how much rent you paid. They will not consider emotional suffering or inconvenience, only financial loss.

If you believe you have a strong claim for emotional distress, it may be worth seeking advice from a legal or tenant support service on pursuing a separate county court claim.

Summary – What Can You Claim For?

• Rent Repayment Orders: Only financial losses (rent paid), up to 12 months.
• Separate Civil Claim: Possible to claim for emotional distress and other losses, but this is a more complex legal route.

Tribunals can order rent repayments, but payments for emotional distress require a civil court claim. Consider both processes if your loss is both financial and emotional.

FAQs

1. Can I get compensation for stress caused by my landlord?
   You cannot claim compensation for stress through a Rent Repayment Order. To claim for emotional distress, you usually need to make a separate claim in the county court and provide supporting evidence.
2. What evidence do I need for an RRO in England?
   Provide proof of tenancy, rent payments, details of the landlord’s offence (such as council letters or photographs), and any written communications related to the issue.
3. How long do I have to apply for a Rent Repayment Order?
   You must apply within 12 months of the landlord’s offence. After this period, tribunals cannot award an RRO for your rent.
4. Is the process different if I was illegally evicted?
   If you were illegally evicted, you may use Form RRO1 for the rent repayment part, and can consider a separate county court claim (Form N1) for additional damages, including emotional distress.
5. Who can help me make a claim?
   Your local council, Citizens Advice, or a tenant advice service can help with guidance, form filling, and signposting to legal support if needed.

Key Takeaways for Renters

• Rent Repayment Orders in England are for reclaiming rent paid following certain landlord offences – not emotional distress.
• For emotional distress, a separate county court claim is needed, and you’ll need evidence of harm.
• Use official forms: RRO1 for rent repayments (via the tribunal), N1 for damages in civil court.
• If in doubt, seek free, impartial advice from a tenant support service before making a claim.

Need Help? Resources for Renters

• Government guide to private renting
• First-tier Tribunal (Property Chamber) – Apply for a Rent Repayment Order
• RRO1 Application Form (official)
• Citizens Advice – Find your local branch for support
• Shelter England: Eviction and housing advice
• N1 Civil Claim Form

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1. Housing and Planning Act 2016, Section 40: Offences allowing rent repayment orders
2. First-tier Tribunal (Property Chamber) – Residential Property official page
3. Official Rent Repayment Order Application Form (RRO1)
4. Protection from Eviction Act 1977
5. N1 Civil Claim Form - official

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