Rent Repayment Order Guide (2026)

When Do You Need a Rent Repayment Order?

You should consider applying for a rent repayment order when:

• Your landlord has committed one of the qualifying housing offences listed below.
• You have paid rent to the landlord during the period when the offence was being committed.
• The offence was committed within the last 2 years (the Renters’ Rights Act 2025 extended the application window from 12 to 24 months), or you are still paying rent while the offence continues.

You do not need to wait for a criminal conviction. The Tribunal can determine whether the offence has been committed on the balance of probabilities (the civil standard of proof), not beyond reasonable doubt. However, if the landlord has been convicted, this makes your application significantly stronger.

Rent repayment orders can be applied for by tenants directly.

What the Law Says

The Housing and Planning Act 2016

Sections 40 to 52 of the Housing and Planning Act 2016 provide the statutory framework for rent repayment orders.

Section 41 sets out the qualifying offences. These are the offences that trigger the right to apply for an RRO.

The Qualifying Offences

This is the critical part. Many guides only mention HMO licensing, but the list of qualifying offences is much longer — seven long-standing categories under section 40(3) of the Housing and Planning Act 2016, plus three new offences added by the Renters’ Rights Act 2025 for conduct on or after 1 May 2026:

1. Failure to comply with an improvement notice (Housing Act 2004, section 30)
If the local authority has served an improvement notice on the landlord requiring them to remedy a hazard at the property, and the landlord has failed to comply with that notice without reasonable excuse, this is a criminal offence that qualifies for an RRO.

2. Failure to comply with a prohibition order (Housing Act 2004, section 32)
If the local authority has served a prohibition order (prohibiting the use of a property or part of a property because of serious hazards), and the landlord has failed to comply, this is a qualifying offence.

3. Being a person having control of or managing an unlicensed HMO (Housing Act 2004, section 72(1))
This is the most commonly used ground for RROs. If a property is required to be licensed as a House in Multiple Occupation (HMO) — either under mandatory licensing (properties with five or more occupants forming two or more households) or under an additional licensing scheme operated by the local authority — and the landlord has failed to obtain that licence, this is a criminal offence.

Many landlords are unaware that their property requires an HMO licence, or deliberately avoid licensing to evade safety requirements and fees. Tenants in unlicensed HMOs can claim back up to 12 months of rent.

4. Being a person having control of or managing an unlicensed house (Housing Act 2004, section 95(1))
Some local authorities operate selective licensing schemes under Part 3 of the Housing Act 2004, requiring all private rented properties in a designated area to be licensed — not just HMOs. If your property is in a selective licensing area and the landlord has not obtained a licence, this is a qualifying offence.

5. Breach of a banning order (Housing and Planning Act 2016, section 21)
A banning order prohibits a person from letting housing, engaging in letting agency work, or engaging in property management work. If a landlord who is subject to a banning order continues to let property in breach of that order, this is a qualifying offence. Banning orders are relatively new and are made by the First-tier Tribunal on application by a local housing authority.

6. Using violence to secure entry (Criminal Law Act 1977, section 6)
If the landlord (or someone acting on their behalf) uses or threatens violence to secure entry to the property while there is someone present who opposes the entry, this is a criminal offence that qualifies for an RRO. This covers illegal eviction by force.

7. Illegal eviction or harassment (Protection from Eviction Act 1977, section 1)
If the landlord has unlawfully deprived you of your occupation of the property, or has attempted to do so, or has done acts calculated to interfere with your peace or comfort or has persistently withdrawn or withheld services, this is a qualifying offence. This covers illegal eviction (changing locks, removing belongings, cutting off utilities) and harassment.

8. Knowingly or recklessly misusing a possession ground (Housing Act 1988, section 16J(1))
New from 1 May 2026. If the landlord served a Section 8 notice on a ground they knew (or was reckless as to whether) they were not entitled to use — for example, claiming they were selling or moving in when they were not — that is a qualifying offence. See our Section 8 / Form 3A guide for how those grounds work.

9. Re-letting or marketing within 12 months of the “moving in” or “selling” ground (Housing Act 1988, section 16J(2))
New from 1 May 2026. A landlord who evicts using Ground 1 (moving in) or Ground 1A (selling) and then lets or markets the property within twelve months commits an offence. If you left under one of those grounds and later saw the property advertised, this is your route back to your rent.

10. Continuous breach of certain tenancy-reform requirements (Housing Act 1988, section 16J(3))
New from 1 May 2026 — persistent breaches of the new tenancy-reform rules can themselves qualify.

Who can be ordered to pay: since 1 May 2026 an RRO can be made not only against your immediate landlord but also against a superior landlord in a rent-to-rent chain, a company landlord, or a director or officer of a company landlord — you can apply against any or all of the landlords in the chain you believe committed an offence.

Step-by-Step Guide to Applying for a Rent Repayment Order

Step 1 — Identify the Offence

Determine which qualifying offence applies to your situation. The most common are:

• Unlicensed HMO — check your local authority’s website to see whether the property requires an HMO licence. If you live in a shared house with five or more people from two or more households, mandatory HMO licensing almost certainly applies. Also check whether your local authority operates an additional licensing scheme with a lower threshold.
• Unlicensed selective licensing — check whether your property is in an area covered by a selective licensing scheme. Your local authority’s website will have a map or searchable tool.
• Illegal eviction — if your landlord changed the locks, removed your belongings, cut off utilities, or used threats or violence to force you out.

You can contact your local authority’s private rented sector enforcement team to ask whether the property is licensed. They will usually confirm the licensing status.

Step 2 — Gather Your Evidence

You will need to prove:

1. That you are or were a tenant at the property. Provide a copy of your tenancy agreement.
2. That you paid rent. Provide bank statements showing rent payments to the landlord. The Tribunal will want to see the amount paid and the dates of payment.
3. That the offence was committed. The evidence required depends on the offence:
   • For licensing offences: evidence that the property required a licence and that no licence was in place. You can make a Freedom of Information request to the local authority or simply ask them to confirm.
   • For illegal eviction: police reports, photographs of changed locks or removed belongings, witness statements, text messages or emails from the landlord.
   • For improvement notice failures: a copy of the improvement notice and evidence that the landlord did not comply.
4. The period during which the offence was committed. You can claim rent for a period of up to 24 months during which the offence was being committed (offences on or after 1 May 2026; up to 12 months under the old law for earlier offences).

Step 3 — Send a Notification to the Landlord

Before you can apply to the Tribunal, you must give the landlord a notice of intended proceedings under section 42 of the Housing and Planning Act 2016. This notice must:

• Inform the landlord that you intend to apply for a rent repayment order.
• State the offence you believe has been committed.
• State the amount of rent you are seeking to recover.
• Give the landlord at least 28 days to respond before you make your application.

There is no prescribed form for this notice, but it must contain the information set out above. Send it by recorded delivery and keep a copy.

Step 4 — Wait for the Landlord’s Response

The landlord has 28 days to respond. They may:

• Deny the offence and explain why they believe no offence was committed.
• Offer to repay some or all of the rent to settle the matter without a Tribunal application.
• Ignore the notice entirely.

If the landlord offers a settlement, consider whether the amount offered is fair. You are not obliged to accept it. If the landlord does not respond or does not offer a satisfactory settlement, proceed to the Tribunal application.

Step 5 — Apply to the First-tier Tribunal (Property Chamber)

You make your application to the First-tier Tribunal (Property Chamber) using the appropriate application form. The form is available from the Tribunal’s website. The application fee is modest — check the current fee schedule, but as of 2026 it is typically £100 or less.

Your application should include:

• The completed application form.
• A copy of the tenancy agreement.
• Bank statements showing rent payments.
• Evidence of the offence.
• A copy of the notification letter you sent to the landlord and proof of service.
• A statement setting out the background, the offence, the period for which you are claiming, and the amount of rent you are seeking.

Step 6 — The Tribunal Hearing

The Tribunal will list the case for a hearing. This is usually an informal hearing before a panel of one to three members. You do not need a lawyer. The hearing will typically last half a day.

At the hearing, the Tribunal will consider:

1. Whether the offence was committed (on the balance of probabilities).
2. What amount of rent should be repaid.

You will present your evidence and the landlord will have the opportunity to respond. The Tribunal may ask questions of both parties.

Step 7 — The Tribunal’s Decision on Amount

If the Tribunal finds that the offence was committed, it must then decide how much rent to order the landlord to repay. The maximum is 24 months of rent for offences committed on or after 1 May 2026; offences committed entirely before that date are judged under the old law, with its 12-month cap (an offence straddling the date is split between the two regimes).

Under section 44 of the Housing and Planning Act 2016, the Tribunal must consider:

• The conduct of the landlord and the tenant.
• The financial circumstances of the landlord.
• Whether the landlord has been convicted of the offence.
• Whether the local authority has imposed a financial penalty for the offence.

The leading case on the amount of RROs established that the starting point should be the total rent paid during the relevant period, with deductions only where there are good reasons to reduce the amount. The Tribunal should not routinely reduce the award — the purpose of an RRO is to deter landlords from committing housing offences and to compensate tenants.

If the landlord has been convicted of the offence — or has previously committed the same offence and faced formal enforcement action for it — the Tribunal must order repayment of the maximum amount unless there are exceptional circumstances.

Key Deadlines

What Happens After the Tribunal Makes an Order

If the Tribunal makes a rent repayment order, the landlord must pay the amount specified. If the landlord does not pay voluntarily, you can enforce the order as if it were a county court judgment — including using bailiffs or a High Court enforcement officer.

The Tribunal’s decision can be appealed to the Upper Tribunal (Lands Chamber) on a point of law, but only with permission. Appeals are uncommon and rarely successful.

A rent repayment order also has consequences for the landlord beyond the repayment itself. Two or more successful RRO applications (or a combination of financial penalties and RROs) can lead to the local authority applying for a banning order against the landlord.

Common Mistakes to Avoid

1. Not checking licensing requirements. Many tenants do not realise their property should be licensed. Check both mandatory HMO licensing and any additional or selective licensing schemes in your area. This is the most common basis for a successful RRO.
2. Not sending the 28-day notice. You cannot apply to the Tribunal without first giving the landlord 28 days’ notice of your intended application. If you skip this step, your application will be rejected.
3. Not keeping bank statements. The Tribunal needs to see exactly how much rent you paid and when. If you paid in cash and have no records, proving the amount will be extremely difficult. Always pay rent by bank transfer and keep statements.
4. Only claiming for a short period. You can claim up to 24 months of rent for offences committed on or after 1 May 2026 (12 months under the old law for earlier offences). If the offence has been ongoing, claim the full period. Do not sell yourself short.
5. Assuming you need a criminal conviction. You do not. The Tribunal can determine whether the offence was committed on the civil standard of proof (balance of probabilities). A conviction helps, but it is not required.
6. Not applying because you think it is too complicated. The First-tier Tribunal (Property Chamber) is designed to be accessible to non-lawyers. The process is relatively straightforward, the fees are low, and the hearings are informal. You do not need a solicitor.
7. Accepting a low settlement offer without advice. Landlords who receive a notice of intended proceedings may offer a small payment to make the claim go away. Consider the full amount you could recover at Tribunal before accepting any offer.
8. Not checking every qualifying offence. Most people only think of HMO licensing. But failure to comply with an improvement notice, breach of a prohibition order, illegal eviction, harassment — and, since 1 May 2026, misusing a possession ground or re-letting within 12 months of a “moving in” or “selling” eviction — are all qualifying offences. Check every category.

The Rules That Apply

• Housing and Planning Act 2016, sections 40–52 — the statutory framework for rent repayment orders.
• Housing Act 2004, Part 2 — licensing of Houses in Multiple Occupation.
• Housing Act 2004, Part 3 — selective licensing of other residential accommodation.
• Housing Act 2004, sections 11–12 and 30 — improvement notices and the offence of non-compliance.
• Housing Act 2004, sections 20–22 and 32 — prohibition orders and the offence of non-compliance.
• Criminal Law Act 1977, section 6 — using violence to secure entry.
• Protection from Eviction Act 1977, section 1 — illegal eviction and harassment.
• Housing and Planning Act 2016, section 21 — breach of banning orders.
• Housing Act 1988, section 16J (inserted by the Renters’ Rights Act 2025) — the new offences of misusing a possession ground, re-letting or marketing within 12 months of the moving-in or selling ground, and continuous breach of tenancy-reform requirements.
• Renters’ Rights Act 2025 — doubled the maximum award and the application window from 12 to 24 months for offences on or after 1 May 2026, and extended liability to superior and company landlords.
• The First-tier Tribunal (Property Chamber) Rules — procedural rules for the application.

Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

How Chris Can Help

A rent repayment order application requires a clear, well-evidenced submission to the First-tier Tribunal. You need to identify the qualifying offence, calculate the rent paid during the relevant period, draft the notification letter to the landlord, complete the Tribunal application, and prepare a statement of case that presents your evidence logically.

Chris can draft your notification letter, your Tribunal application, and your statement of case. Chris can also help you calculate the correct amount to claim and prepare your evidence bundle in the format the Tribunal expects.

Every document is tailored to your specific situation and follows the Tribunal’s procedural rules. You review everything before it is submitted.