Evidence Needed for Rent Repayment Orders in England

If you believe your landlord has broken certain rules—like renting out an unlicensed property or carrying out an illegal eviction—you may be entitled to claim rent back through a Rent Repayment Order (RRO) in England. Understanding what evidence you need can make the process much smoother and improve your chances of success.

What Is a Rent Repayment Order (RRO)?

A Rent Repayment Order is a legal order made by the First-tier Tribunal (Property Chamber) that can require your landlord to pay back up to 12 months’ rent. RROs are available to renters if their landlord has committed specific offences, such as:

• Renting out a property without the required licence (such as an HMO licence)
• Carrying out an unlawful eviction or harassment
• Breach of improvement or prohibition notices issued by the council

These rules are outlined in the Housing and Planning Act 2016 (Chapter 4)^[1].

Do You Need Evidence to Claim Rent Back?

Yes, evidence is essential when applying for an RRO. The tribunal cannot consider your claim unless you provide supporting proof that your landlord committed an offence within the last 12 months.

Typical evidence can include:

• A copy of your tenancy agreement
• Proof of rent payments (bank statements, receipts, or a rent book)
• Correspondence with your landlord about the offence (letters, emails, or text messages)
• Council notices, if the offence relates to property licensing or improvement/prohibition orders
• Witness statements from you or others affected
• Photos or videos, if relevant (e.g., showing unsafe conditions)

The tribunal reviews all the evidence to decide if the landlord has broken the law and how much rent you should get back.

Submitting an RRO Application: Key Steps

You don't need to wait for the council to take action. Renters can apply directly to the tribunal if they have evidence that an offence has taken place.

• Collect documents that show you paid rent to your landlord during the period of the alleged offence.
• Try to gather evidence specific to the landlord’s offence. For example, request information from your local council if the issue concerns property licensing.
• Prepare your supporting documents before you complete the application form.

Which Forms Are Needed?

• Form: Application for a Rent Repayment Order (England)
  The main form used is the RRO1: Application for a Rent Repayment Order. You submit this to the First-tier Tribunal (Property Chamber) – Residential Property.
  Download the RRO1 form (official source).
  
  When & How to Use: Complete this if you want to claim back rent due to a relevant landlord offence. Attach all supporting evidence. For example, if your landlord failed to licence a House in Multiple Occupation, include council correspondence and proof of rent payment.
  
  Send the form by email or post as directed on the form instructions.

For guidance and more details, visit the First-tier Tribunal (Property Chamber) – Residential Property page.

What Happens After You Apply?

Once your application and evidence are received, the tribunal will review both your and your landlord's statements, along with any documents submitted. You may be invited to a hearing (often remote) to explain your case.

If you're unsure, gather as much paperwork as possible. The more organised your evidence, the better your chances of a successful claim.

What Types of Cases Require Evidence?

Evidence is always required, but what you need depends on the type of landlord offence. Here are some examples:

• Unlicensed property: Request written confirmation from your local council that no licence is in place.
• Illegal eviction: Keep texts, emails, or letters from your landlord, and make notes of events.
• Breach of council notice: Attach the notice and any follow-up communications.

Summary: The Importance of Clear, Well-Organised Evidence

The stronger your supporting documents, the clearer your claim becomes for the tribunal. Submitting the right paperwork the first time can help you reach a positive outcome faster.

FAQs about Evidence and Rent Repayment Orders

1. What happens if I can't get all the evidence myself?
   Even partial evidence can help. The tribunal can consider statements, partial records, or ask the council to provide licensing confirmation. Always submit what you have and explain what's missing.
2. Can my local council apply for an RRO on my behalf?
   Yes, councils can make applications, especially if they have prosecuted the landlord, but renters can apply independently using Form RRO1.
3. How long does it take for a tribunal to review my evidence?
   Typically, it takes several weeks to months, depending on the complexity. Be sure to respond quickly to any requests for more information.
4. Does a landlord need to be convicted for me to claim rent back?
   No, you only need to prove to the tribunal that the landlord committed an offence. A prosecution is not required for a renter’s RRO claim.
5. Where can I find more information about my rights or making an RRO claim?
   You can visit GOV.UK - Private Renting for official guidance and links to government advice.

Conclusion: Key Takeaways for Renters

• Evidence is crucial for Rent Repayment Order claims in England.
• Use the RRO1 form and provide all relevant documents and proof.
• Support from your council or local housing authority is available if you need help gathering information.

With good preparation and clear evidence, you can make a strong case for rent repayment if your landlord has broken the law.

Need Help? Resources for Renters

• GOV.UK – Private Renting: Your rights and responsibilities
• First-tier Tribunal (Property Chamber) – Residential Property (where you submit an RRO)
• Shelter England – Rent Repayment Orders Advice
• Contact your local council’s housing team for help with licensing information.

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1. Housing and Planning Act 2016 (Rent Repayment Orders)
2. Application for a Rent Repayment Order (RRO1 form)
3. First-tier Tribunal (Property Chamber) – Residential Property

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