Many tenants and renters in England face two common remedies when a landlord breaks the rules: a Rent Repayment Order (RRO) or a deposit protection claim. This guide explains in plain language how each route works, which problems they fix, and the practical steps a tenant can take. You will learn when an RRO may recover rent paid for unlawful activity, and when a deposit protection claim seeks compensation for an unprotected or mishandled deposit. The article also names the official tribunal, notes the main legislation, lists the forms and links to official sources, and gives a clear how-to so you can decide and act with confidence.
What is a Rent Repayment Order?
A Rent Repayment Order lets a tenant or a local authority ask a tribunal to require a landlord to repay rent paid where the landlord has committed certain offences (for example renting out an unlicensed HMO or being in breach of selective licensing). Applications are decided by the First-tier Tribunal (Property Chamber)[1], which can order repayment for periods when the offence affected the tenancy. RROs are often used where the landlord’s conduct was unlawful and the tenant wants rent returned rather than just the deposit.
Deposit protection claims — what they cover
A deposit protection claim seeks compensation or repayment where a landlord failed to protect a tenancy deposit in a government-approved scheme within 30 days, did not provide the required prescribed information, or wrongly withheld the deposit at the end of the tenancy. If your deposit was not protected, you may be able to recover your deposit plus a penalty of up to three times the deposit amount, or a lesser sum the tribunal finds fair.
Choosing between an RRO and a deposit protection claim
- Landlord lacked a required licence but still charged you rent — an RRO can recover rent paid during the unlicensed period.
- Your deposit was not protected within 30 days or you never received prescribed information — bring a deposit protection claim to seek repayment and a penalty.
- You experienced unlawful eviction, harassment or a criminal offence linked to the tenancy — an RRO or other remedies may be appropriate.
- You have clear evidence (messages, receipts, photos) that supports one claim more strongly than the other.
How to apply — official forms and the tribunal
The body that handles both RROs and many deposit disputes is the First-tier Tribunal (Property Chamber). You can apply using the tribunal’s online application route; the tribunal webpages explain the process and fees where applicable.[1] There is no single national paper form number for every case: most applications are made online through the HMCTS/First-tier Tribunal service or by following the guidance on GOV.UK.
- Apply to the First-tier Tribunal (Property Chamber) — official online application (no single numbered paper form applies to all RRO or deposit penalty claims). Example: a tenant uses the tribunal online application to ask for an RRO after discovering their HMO was unlicensed.
- Deposit dispute through a tenancy deposit scheme — if your deposit is in a custodial or insured scheme, use the scheme’s own dispute resolution process first when available. Example: a tenant raises an adjudication request with the scheme to recover a withheld deposit.
- Guidance and legislation — see the main statutory frameworks that apply to tenancy rights and remedies: the Housing Act 1988 and the Rent Act 1977 for certain historic protections.[2][3]
Practical steps and timing
Timing matters: deposit protection penalties usually relate to failures within the first 30 days of taking a deposit; RROs relate to periods when offences occurred. Check dates on tenancy agreements, deposit receipts and any communications so you can set the correct claim period at application.
FAQ
- Can I get my rent back if my landlord broke the law?
- Yes — if the landlord committed an offence covered by RRO rules, you can apply to the First-tier Tribunal (Property Chamber) for an order to repay some or all rent for the affected period.
- How much can I get for an unprotected deposit?
- If a landlord failed to protect your deposit or give prescribed information, a tribunal can order repayment of the deposit and a penalty of up to three times the deposit; the actual sum depends on the tribunal’s assessment.
- How long do I have to make a claim?
- Time limits vary by claim type and the relevant legislation; act promptly, keep records, and seek to apply as soon as you identify the problem so you meet tribunal deadlines.
How-To
- Gather evidence: collect tenancy agreement, rent receipts, deposit receipts, photos and any messages or emails that show the issue.
- Contact the landlord or letting agent in writing to request resolution and record the communication and date.
- Submit the appropriate application: use the tenancy deposit scheme adjudication if available, or apply to the First-tier Tribunal (Property Chamber) online for an RRO or tribunal penalty.
- Attend hearings or provide evidence promptly if the tribunal requests it, and keep copies of everything you submit.
Help and Support / Resources
- First-tier Tribunal (Property Chamber) - GOV.UK
- Tenancy deposit protection - GOV.UK
- Housing Act 1988 - legislation.gov.uk
