How Are Rent Repayment Orders Decided in England?

If your landlord has broken certain housing laws in England, you might have heard of something called a Rent Repayment Order (RRO). But who actually decides if you’ll get your rent back, and how does the process work? This guide breaks down RROs in plain English, so you’ll know what to expect if you’re considering making a claim.

Who Decides Rent Repayment Orders?

Rent Repayment Orders in England are decided by the First-tier Tribunal (Property Chamber: Residential Property). This official tribunal is independent from landlords, renters, and local councils. When you apply for an RRO, a tribunal panel will consider the evidence from both sides and decide whether your landlord must pay back some or all of the rent.

What Is a Rent Repayment Order?

An RRO lets tenants (or local councils) reclaim rent paid to a landlord who’s committed certain offences. These include letting an unlicensed property where a licence is legally required, unlawful eviction, or harassment. You can find the offences and process explained in the Housing and Planning Act 2016.¹

What Does the First-tier Tribunal Consider?

• Whether your landlord committed a qualifying offence (e.g., operating without a licence where required, illegal eviction)
• The length of time the offence took place (usually up to 12 months before your application)
• The amount of rent you paid during that period
• Any steps taken by the landlord to fix the issues
• Whether you contributed to the situation (such as not paying rent as retaliation)

The tribunal will look at all the evidence, including documents, tenancy agreements, and statements from you and your landlord.

The Application Process: Key Steps for Renters

Applying for a Rent Repayment Order involves several steps. Here is an overview to help you prepare for the process:

• Gather evidence (tenancy agreement, rent receipts, correspondence, proof of offence)
• Check if your landlord has already been convicted or if a local council has issued a formal notice (this can make your case stronger, but is not always required)
• Complete and submit the correct official form with supporting documents
• Attend a hearing or respond to requests from the tribunal

Which Official Form Do I Use?

Form RRO1: Application by tenant or local housing authority for a rent repayment order

• When to use: Use this form if you are a tenant (or a letting agent acting on behalf of a tenant), or a local authority.
• How it works: Example: You discover your landlord has let your property as a House in Multiple Occupation (HMO) without a required licence. You collect evidence and complete Form RRO1, attach your documentation, and send it to the First-tier Tribunal office indicated on the form.

You can find the official guidance and download Form RRO1 from the UK Government's Rent Repayment Orders guidance page.²

How Much Rent Can Be Repaid?

The tribunal can order up to 12 months of rent to be repaid. The amount depends on:

• How long the offence continued
• Rent paid during that time
• Any mitigating factors (for example, if the landlord cooperated to address the issue)

Can I Appeal the Tribunal's Decision?

If you disagree with the tribunal’s decision, you may be able to request permission to appeal to the Upper Tribunal (Lands Chamber). This must usually be done within 28 days of the decision.

What Evidence Should Renters Provide?

Strong evidence can help your case. Bring as much supporting documentation as possible:

• Tenancy agreements
• Rent payment receipts or bank statements
• Written communication with your landlord
• Evidence of the landlord’s offence (e.g. confirmation from your local council that no licence was in place)

1. What is a qualifying offence for a Rent Repayment Order?
   Qualifying offences include letting an unlicensed HMO, unlawful eviction, and harassment, as listed in the Housing and Planning Act 2016.
2. How long do I have to apply for an RRO?
   You must apply within 12 months of the offence occurring. It’s best to act promptly once you discover the issue.
3. Do I need a landlord conviction to apply?
   No; renters can apply for an RRO even if the landlord hasn’t been prosecuted, but a conviction or council notice can strengthen your application.
4. Can the tribunal order all my rent to be repaid?
   The tribunal can order up to 12 months of rent to be repaid, depending on circumstances. If the landlord is convicted, it’s typically the full amount.
5. Does applying for an RRO cost money?
   Yes, there’s a fee to apply to the First-tier Tribunal. Fee remission may be possible if you have a low income; see the official guidance on help with fees.

Need Help? Resources for Renters

• First-tier Tribunal - Residential Property (information and contact details for applications)
• Government Rent Repayment Orders Guidance (how and when to apply)
• Shelter England: Rent Repayment Orders advice
• Contact your local council’s housing enforcement team for advice and to report potential offences

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1. Housing and Planning Act 2016 – Rent Repayment Orders Provisions
2. Official UK Government Guidance: Rent Repayment Orders

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