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A Rent Repayment Order (RRO) is a First-tier Tribunal order requiring a landlord to repay rent — up to twelve months’ worth — where the landlord has committed one of seven housing offences set out in the Housing and Planning Act 2016. It is a tenant-led remedy, designed to put compliance teeth into the licensing and eviction regimes.
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When Do You Need an RRO?
When you paid rent to a landlord who, during your tenancy, committed one of seven statutory offences. Not general-purpose. Offence-driven, grounded in criminal-standard proof, brought in a civil tribunal.
Grounds: threats/intimidation/physical displacement; locks changed, belongings removed, utilities cut; unlicensed HMO; selective licensing breach; ignored improvement/prohibition notice; banning order breach; unlicensed house (selective).
Former tenants may still apply — offence must have occurred within 12 months before application, rent claimed must have been paid during offence period.
What an RRO Involves
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Statutory order under s.43 Housing and Planning Act 2016 requiring landlord to repay rent paid during period when relevant offence was committed. Tribunal must be satisfied beyond reasonable doubt the offence occurred (s.43(1)).
Offences listed in s.40(3): Protection from Eviction Act 1977 ss.1(2)/1(3)/1(3A), Housing Act 2004 ss.30/32/72/95, Housing and Planning Act 2016 s.21 (banning order breach).
Renters’ Rights Act 2024 expanded offences to include private rented sector database breaches, failure to join landlord redress scheme, continued use of prohibited Section 21-style notices.
Costs
FTT Property Chamber fees: £100 on issue, £200 hearing fee if full hearing. Help with Fees available. Costs orders rare at FTT. Rule 13 permits costs only for unreasonable conduct or leasehold enfranchisement. Each side normally bears own costs.
How to Apply
1. Identify the offence precisely
Name the specific offence, statutory source, period. Vague allegations fail. Tribunal decides on offence as pleaded.
- Violence for securing entry — s.6(1) Criminal Law Act 1977
- Unlawful eviction/harassment — s.1 Protection from Eviction Act 1977
- Failure to comply with improvement notice — s.30 Housing Act 2004
- Failure to comply with prohibition order — s.32 Housing Act 2004
- Control/management of unlicensed HMO — s.72(1) Housing Act 2004
- Control/management of unlicensed house (selective) — s.95(1) Housing Act 2004
- Breach of banning order — s.21 Housing and Planning Act 2016
2. Confirm time
s.41(2): application within 12 months of offence. Continuing offence: 12 months runs from last date of offence.
3. Gather evidence to criminal standard
- Tenancy agreement signed and dated
- Bank statements showing every rent payment
- Public HMO/selective licensing register print-outs with date stamps
- Correspondence referencing offence
- Police incident reference numbers
- Photographs, videos, contemporaneous notes
- Witness statements from flatmates, neighbours, officers
- Any prosecution/enforcement documents (conviction not required but powerful)
4. Complete application
FTT Property Chamber publishes RRO application form. Parties, address, offence, period, amount, schedule of rent payments.
5. Draft statement of case
Where claim lives or dies. Offence element by element, why tribunal should be sure offence was committed. Unlicensed HMO: property met HMO definition (s.254 HA 2004); licence required; none in force; landlord managed or controlled.
6. File, serve, bundle
FTT Property Chamber regional office. Pay fee or EX160. Tribunal serves landlord and issues directions. Comply with every direction — bundle limits, statement exchange, skeleton deadlines. Non-compliance: strike-out under rule 9.
Key Deadlines
- 12 months from offence to apply (s.41(2))
- 6 years — former tenant may apply up to 6 years after tenancy ended, provided 12-month offence window respected
- Directions compliance: typically 28 days from directions order
- Appeals: 28 days to seek permission to appeal to Upper Tribunal (Lands Chamber)
What Happens After You File
Tribunal acknowledges, assigns reference, issues directions. Landlord files response. Both exchange statements of case, witness statements, disclosure. Final hearing: usually one day before judge and valuer member.
Amount under s.44: capped at 12 months of rent paid during offence period. Not automatic — tribunal considers landlord conduct, tenant conduct, landlord’s financial circumstances, whether landlord convicted. Conviction produces higher award.
Written decision usually within 6 weeks. Payment typically ordered within 28 days. Non-payment: enforce in County Court as judgment debt under s.27 Tribunals, Courts and Enforcement Act 2007.
Common Mistakes
- Pleading the wrong offence (selective licensing ≠ HMO licensing)
- Missing the 12-month window
- Claiming rent paid outside the offence period
- Underestimating the standard of proof
- Weak witness evidence — tribunal prefers contemporaneous documents
- Forgetting reasonable excuse defence (s.41(1))
- Assuming conviction required
The Rules That Apply
- Housing and Planning Act 2016 Chapter 4 (ss.40–52)
- Housing Act 2004 Parts 2 and 3
- Protection from Eviction Act 1977 s.1
- Criminal Law Act 1977 s.6
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- Tribunals, Courts and Enforcement Act 2007 s.27
- Renters’ Rights Act 2024
Key authorities: Rakusen v Jepsen [2023] UKSC 9 (superior landlords, partly reversed by RRA); Williams v Parmar [2021] UKUT 244 (LC) (quantum); Vadamalayan v Stewart [2020] UKUT 183 (LC) (starting point).
How Chris Can Help
An RRO claim is pleaded tightly or not at all. Statement of case must walk tribunal through every element of the offence, cross-referenced to evidence, in the order a judge expects to read. Chris drafts application, statement of case, witness statement framework, evidence index to tribunal standard.
Chris does not give legal advice. You must know your case — dates, payments, offence elements.
7-day money-back guarantee. We refund. We are miracle-makers, not miracle-workers.
For multi-property or superior-landlord RROs where reviewer sign-off adds weight: Hybrid.
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FAQ
Can I claim if I moved out?
Yes. Former tenants may apply within 12 months of offence.
Does landlord need conviction?
No. Tribunal decides independently. Conviction is strong corroboration, not prerequisite.
How much recoverable?
Up to 12 months rent paid during offence period. Tribunal considers conduct, finances, convictions.
What about reasonable excuse defence?
s.41(1) statutory defence. Landlord raises, proves on balance of probabilities.
Joint claim with housemates?
Yes. Joint tenants may apply together. Separate tenants of same unlicensed HMO may bring parallel applications.
If landlord doesn’t pay?
Enforceable in County Court as judgment debt under s.27 Tribunals, Courts and Enforcement Act 2007.
Has the Renters’ Rights Act changed RROs?
Yes. Expanded triggering offences to include database/redress scheme breaches and continued prohibited notices.
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