Settling Rent Repayment Order Claims Outside Tribunal in England

If you’re a renter in England considering a Rent Repayment Order (RRO) against your landlord, you might be wondering if it’s possible—and wise—to settle your claim outside of tribunal. Understanding your rights and the process can help you reach the best possible outcome, whether you settle informally or proceed with an application to the First-tier Tribunal (Property Chamber).

What Is a Rent Repayment Order (RRO)?

A Rent Repayment Order allows renters to reclaim up to 12 months’ rent if their landlord has committed certain offences, such as renting out an unlicensed HMO (House in Multiple Occupation) or carrying out an illegal eviction. These protections are outlined in the Housing Act 2004 and further expanded by the Housing and Planning Act 2016¹.

Can You Settle RRO Claims Outside the Tribunal?

While the First-tier Tribunal (Property Chamber) is the official body that decides RRO claims in England (First-tier Tribunal link), it is entirely possible for renters and landlords to negotiate a settlement at any time before the Tribunal reaches a decision. Many renters and landlords find settlements less stressful, faster, and more private than formal hearings.

How Does Out-of-Tribunal Settlement Work?

A settlement outside the Tribunal is usually informal. Both parties agree (in writing) on an amount for the landlord to pay the renter—often with the assistance of negotiation or mediation. Once a settlement is reached, the renter can withdraw their RRO application, or simply not submit one if the agreement is reached beforehand.

Steps to Settle an RRO Claim Outside the Tribunal

• Gather evidence of the landlord’s offence and the amount of rent paid.
• Contact your landlord to negotiate a possible settlement. Consider putting all correspondence in writing.
• If both parties agree, clearly state the terms in writing (for example, total sum to be paid, date of payment, and confirmation that no Tribunal action will continue).
• If you have already submitted an application, notify the Tribunal using the correct form (see below).

Official Forms and How to Use Them

• Form: RRO1 – Application for a Rent Repayment Order
  RRO1 Application Form
  When and how to use: If you and your landlord cannot agree, you can use RRO1 to formally apply for an RRO with the First-tier Tribunal (Property Chamber). For example, if your landlord refuses to negotiate or you believe the offered sum is unfair, complete and submit the form to start the formal process.
• Form: Withdraw your application or end proceedings
  Withdrawal application form
  When and how to use: If you reach an agreement with the landlord after submitting your claim, use this form to formally withdraw your application from the Tribunal. For example, if your landlord pays the agreed settlement after you have applied, notify the Tribunal by completing and sending this form.

The Role of the First-tier Tribunal (Property Chamber)

The First-tier Tribunal (Property Chamber) is the official body in England that handles RRO cases. If no settlement is reached, this Tribunal considers evidence from both parties and decides the outcome. The Tribunal is independent and makes decisions based on the law and the facts presented.

Relevant Legislation

• Housing Act 2004 – sets the framework for HMO licensing and related offences.
• Housing and Planning Act 2016 – enables tenants to apply directly for RROs and outlines Tribunal procedures.

FAQs: Settling Rent Repayment Order Claims

1. Can I withdraw my RRO application if my landlord agrees to settle?
   Yes, you can withdraw your application at any time before the Tribunal’s decision. Simply use the withdrawal form and notify the Tribunal in writing.
2. Is mediation available for RRO disputes in England?
   Mediation is not required but can be arranged privately or through some local councils. It’s a way for both sides to resolve issues without formal Tribunal hearings.
3. Must settlements be in writing?
   It is highly recommended to put any settlement agreement in writing to avoid misunderstandings and to have a clear record.
4. What if the landlord does not pay the agreed settlement?
   If the landlord fails to pay, you can proceed with your Tribunal application or, if you already withdrew, seek advice on enforcement from your local council or Citizens Advice.
5. Is there a deadline to reach a settlement before the Tribunal hearing?
   You can settle out of Tribunal at any time until the Tribunal makes its decision. Always inform the Tribunal promptly of any agreement.

Need Help? Resources for Renters

• Private renting: GOV.UK guidance
• First-tier Tribunal (Property Chamber) - Rent Repayment Order guidance and forms
• Shelter England: Rent Repayment Orders
• Citizens Advice: Private Renting Advice
• Your local council’s housing enforcement team – find contact details on your council’s website.

1. Housing and Planning Act 2016, Chapter 4: Rent repayment orders
2. Housing Act 2004, Part 2, Chapter 4: Licensing of HMOs and RROs
3. Rent Repayment Order Application Form (RRO1), GOV.UK
4. Withdrawal form, First-tier Tribunal (Property Chamber)