What to Do If a Landlord Refuses to Repay Rent in England
If you've been awarded a Rent Repayment Order (RRO) or are entitled to repayment of rent from your landlord in England, but your landlord refuses to pay, you have rights and options to enforce what you're owed. Understanding the process, legal protections, and official resources can help you take action confidently and prevent further financial stress.
Understanding Rent Repayment Orders in England
A Rent Repayment Order (RRO) is a legal order made by the First-tier Tribunal (Property Chamber) that requires a landlord to repay rent to a tenant. RROs can typically be awarded when a landlord has committed certain housing offences—for example, renting out an unlicensed House in Multiple Occupation (HMO) or carrying out an illegal eviction.[1] The main legislation covering this is the Housing Act 2004, Part 2, Chapter 4 and also the Housing and Planning Act 2016.[2]
When Can You Apply for a Rent Repayment Order?
You may be eligible for an RRO if your landlord:
- Rented out a property without the required licence (for example, an HMO licence)
- Illegally evicted or harassed tenants
- Used violence to secure entry to the property
- Other relevant housing offences listed under the law
What If Your Landlord Refuses to Pay?
If the First-tier Tribunal decides your landlord must repay rent but they don't cooperate, you can take steps to enforce the order and recover what you’re owed. Non-payment of a tribunal order is a serious matter and the law provides ways to help you collect your money.
Step-by-Step: Enforcing a Rent Repayment Order
- 1. Receive the tribunal’s decision: The First-tier Tribunal (Property Chamber) will send you an official decision if you’re awarded a rent repayment.
- 2. Allow payment time: Your landlord may have a set period to pay, as stated in the order. Wait until this deadline passes.
- 3. Apply for enforcement via the County Court: If the landlord still refuses, you can ask the County Court to enforce the tribunal’s decision. This usually involves asking for a ‘writ of control’ or a ‘warrant of control’, which allows enforcement officers (bailiffs) to recover money or seize goods.
Official Forms You’ll Need
-
N322A: Request for judgment by consent or on admission (for orders made outside court)
Download Form N322A
When and how to use: Use this to register the tribunal RRO as a County Court judgment for enforcement. For example, if your landlord ignores the RRO, complete and submit Form N322A to your local County Court. The court may then enforce the debt. -
N323: Request for warrant of control
Download Form N323
When and how to use: After the County Court has registered the order, use Form N323 to apply for bailiffs to recover the money. For example, if your landlord still does not pay after the County Court judgment.
For each form, follow the instructions carefully and submit them to the relevant County Court. Official guidance is available on the Make a court claim for money page.
Relevant Authorities for Renters
- First-tier Tribunal (Property Chamber): Handles rent repayment cases and tenant-landlord disputes. Visit the official tribunal page.
- County Court: Enforces financial orders—find advice and contact via the County Court judgments information page.
Which Legislation Protects You?
- Housing Act 2004 (see Part 2, Chapter 4 for RROs)
- Housing and Planning Act 2016 (updated RRO provisions)
These acts set out your rights and how tribunals and courts can help enforce them.
What to Expect with Enforcement
Once your case is at County Court, enforcement agents may attempt to collect payment from your landlord. If collections are unsuccessful, the court may allow other methods, such as an attachment of earnings or charging order, depending on your landlord’s circumstances.
Stay organised: Keep all tribunal correspondence, payment records, and court paperwork together. This can help if you have to make additional applications or need to prove your case.
- Having clear documentation will also support you if you seek further advice or need to report follow-up issues to your council or a tenants’ organization.
Frequently Asked Questions
- What is the First-tier Tribunal (Property Chamber)?
The First-tier Tribunal is a government-backed body that decides certain disputes between landlords and tenants in England, such as rent repayment orders and housing offences cases.
Learn more about the Property Chamber. - How long does it take to recover money if a landlord refuses to pay?
The time can vary—it may take several weeks to a few months from the tribunal decision to enforce via the County Court, depending on the court's workload and your landlord's actions. - Can my landlord be penalised for ignoring a Rent Repayment Order?
If your landlord refuses to pay after a lawful order, enforcement can result in additional court costs and affect their credit record. Councils may take further enforcement action in serious cases. - Is there a cost for enforcing a Rent Repayment Order?
Yes, there are court fees for registering and enforcing an order. These can sometimes be recovered from the landlord if successful—check the latest fee schedule on the official County Court fees page. - Do I need legal representation to enforce payment?
No, you do not need a solicitor; many renters handle the enforcement process themselves using official forms and guidance. However, support services are available if you want help.
Key Takeaways
- If a landlord refuses to repay rent after a legal order, you can enforce payment through the County Court.
- Use official forms such as N322A and N323 to start enforcement.
- Support is available—always use government resources and trusted advice for your rights in England.
Need Help? Resources for Renters
- Government overview: Renting privately
- Citizens Advice: Renting privately
- Shelter England: Using Rent Repayment Orders
- First-tier Tribunal (Property Chamber): Contact & procedures
- Find legal advice through the UK government directory
- First-tier Tribunal powers: RRO guidance (gov.uk)
- Relevant legislation: Housing Act 2004; Housing and Planning Act 2016
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