How to Claim Rent Back for an Unlicensed Rented Property in England

If you’re a renter in England and discover your landlord didn’t have the correct licence for your property, you may have the right to reclaim some or all of your rent. In England, many rented properties—especially houses in multiple occupation (HMOs)—require a licence from the local council. This guide clearly explains how renters can use the official Rent Repayment Order process to seek compensation, what forms you’ll need, and what to expect if you decide to take action.

What Is an Unlicensed Property?

An unlicensed property is one that is legally required to have a licence from the local council, but does not have one. In England, this usually applies to:

• Houses in Multiple Occupation (HMOs): Properties shared by three or more people from different households who share kitchen, bathrooms, or toilets.
• Properties in areas with additional or selective licensing schemes run by local councils.

If your rented home needed a licence but didn’t have one during your tenancy, you could be eligible to claim back up to 12 months’ rent.

What Is a Rent Repayment Order (RRO)?

An RRO is a legal order from the tribunal requiring your landlord to pay back rent you paid while the property was unlicensed. The rules for these claims are set out in the Housing and Planning Act 2016, Chapter 4.¹

The tribunal handling residential tenancy RROs in England is the First-tier Tribunal (Property Chamber).

Who Can Apply for a Rent Repayment Order?

Any renter (tenant or former tenant) of a property that should have been licensed but was not can apply for an RRO. You don’t need a lawyer, and you can apply yourself free or for a small fee. Typical examples:

• You lived in a shared house (HMO) where the landlord failed to get a licence.
• You paid rent for a period when a selective licence was legally required but missing.

How Much Rent Can Be Reclaimed?

If your application succeeds, you can reclaim up to 12 months’ rent. The actual amount awarded depends on factors such as:

• The length of the period the property was unlicensed while you were paying rent
• Whether you have already received compensation or benefits covering the same period
• Whether you or your housemates took part in any illegal activity (this may reduce your award)

How to Apply: Rent Repayment Order Form Guide

To claim rent back, follow these steps:

• Step 1: Check if your property should have been licensed. Visit your local council’s housing pages or contact their private renting/licensing department.
• Step 2: Gather evidence. Collect tenancy agreements, rent payment records, and communication with your landlord.
• Step 3: Report to the Council (optional but recommended). Councils may take action against your landlord and provide useful evidence for your claim.
• Step 4: Apply for a Rent Repayment Order. Complete the official First-tier Tribunal (Property Chamber) form.

Official Form: RRO1 (Application by Tenant for a Rent Repayment Order)

• Form name and number: Rent Repayment Order Application for Tenants (Form RRO1)
• When and how to use it: Use this form if you are a tenant (current or former) applying for a Rent Repayment Order under the Housing and Planning Act 2016. For example, if you discover that your HMO landlord didn’t have a licence for six months while you lived there, you’d fill out RRO1 with supporting evidence to start your claim.
• Access the official form: Rent Repayment Order Application (RRO1) PDF

You’ll need to send the completed form and all evidence to the regional office of the First-tier Tribunal (Property Chamber).

What Happens After You Apply?

After applying, the tribunal will review your case. They may:

• Ask for more evidence, documents, or statements
• Invite you and your landlord to a hearing (often conducted remotely)
• Decide whether to grant the Rent Repayment Order and set the amount your landlord must repay

If your claim is successful, the tribunal will order your landlord to pay you directly.

Is There a Time Limit to Apply?

You must apply for a Rent Repayment Order within 12 months of the offence (the period the property was unlicensed). Waiting longer may mean you can’t claim.

1. How do I check if my property should have been licensed?
   You can contact your local council’s private rented housing team or use their online register to see if your home needed or already had a licence.
2. What if I don’t have a tenancy agreement?
   You can still apply for an RRO if you have alternative evidence you lived there and paid rent (bank statements, council tax bills, etc.).
3. Do I need to have first reported the landlord to the council?
   No, but it’s a good idea as council investigations can provide evidence and sometimes support your application.
4. Can former tenants claim rent back for past periods?
   Yes, as long as you claim within 12 months of when the offence (unlicensed period) ended.
5. What if my landlord refuses to pay after the order?
   If your landlord does not pay, you can ask the court to enforce the tribunal’s Rent Repayment Order.

Need Help? Resources for Renters

• Your rights and responsibilities as a renter (Gov.uk)
• Private Renting Advice by Shelter England
• First-tier Tribunal (Property Chamber) contact details
• Find your local council

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1. Housing and Planning Act 2016, Chapter 4 – Rent Repayment Orders
2. UK Government: Private rented property licences
3. First-tier Tribunal (Property Chamber) – Residential Property

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