Quick answer
A rent repayment order lets a tenant reclaim up to 24 months’ rent where a landlord committed certain offences on or after 1 May 2026 (12 months for earlier offences), such as letting an unlicensed property or illegal eviction. Apply to the First-tier Tribunal (Property Chamber) within 24 months of the offence (12 months for offences before 1 May 2026); the tribunal must be satisfied the offence occurred. eLitigant can help draft your application.
Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
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A Rent Repayment Order (RRO) is a First-tier Tribunal order requiring a landlord to repay rent — up to twenty-four months’ worth for offences committed on or after 1 May 2026, twelve months for earlier offences — where the landlord has committed one of the listed 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 the listed 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 24 months before application (12 months for offences before 1 May 2026), rent claimed must have been paid during offence period.
What an RRO Involves
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 2025 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 24 months of offence for offences committed on or after 1 May 2026 (12 months under the old law for earlier offences). Continuing offence: that period 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
- 24 months from offence to apply (s.41(2)) for offences committed on or after 1 May 2026; 12 months for earlier offences
- 6 years — former tenant may apply up to 6 years after tenancy ended, provided the offence window above is 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 24 months of rent paid during offence period for offences committed on or after 1 May 2026 (12 months for earlier offences). 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 application 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 2025
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.
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FAQ
Can I claim if I moved out?
Yes. Former tenants may apply within 24 months of offence for offences committed on or after 1 May 2026 (12 months under the old law for earlier offences).
Does landlord need conviction?
No. Tribunal decides independently. Conviction is strong corroboration, not prerequisite.
How much recoverable?
Up to 24 months rent paid during offence period for offences committed on or after 1 May 2026 (12 months under the old law for earlier offences). 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.
Related Court Forms & Guides
- Service Charge Dispute in the FTT
- Housing Disrepair Claim
- Awaab’s Law Complaint
- Assured Shorthold Tenancy (AST) Agreement
- Renters’ Rights Act: Section 21 Abolition
- Form 6A: Section 21 Notice of Possession
- Civil Court Forms Index
Frequently asked questions
What is a Rent Repayment Order?
It is a First-tier Tribunal (Property Chamber) order under the Housing and Planning Act 2016 requiring a landlord to repay rent — up to twenty-four months’ worth for offences committed on or after 1 May 2026, twelve months for earlier offences — where the landlord committed one of the listed statutory housing offences during your tenancy. It is a tenant-led remedy, not a general-purpose claim: it is offence-driven and grounded in criminal-standard proof, but brought in a civil tribunal.
Which offences can found an RRO claim?
The offences are set out in the legislation and include unlawful eviction and harassment, controlling or managing an unlicensed HMO, controlling or managing an unlicensed house under selective licensing, failure to comply with an improvement or prohibition notice, breach of a banning order, and violence to secure entry. The Renters’ Rights Act 2025 expanded the list further. You must name the specific offence, its statutory source and the relevant period — vague allegations fail.
Can a former tenant still apply?
Yes. A former tenant may apply provided the offence occurred within the offence window the legislation allows before the application, and the rent claimed was paid during the offence period. The guide notes a further long-stop window for former tenants — check the current figures for your situation against the statute before you file.
What standard of proof applies?
The tribunal must be satisfied beyond reasonable doubt that the offence was committed. That criminal standard is why contemporaneous documents — tenancy agreement, bank statements showing every rent payment, dated licensing-register print-outs, correspondence, photographs and witness statements — matter so much. A landlord’s conviction is not required, but it is powerful.
How much can the tribunal order, and is it automatic?
The award is capped at twenty-four months of rent paid during the offence period for offences committed on or after 1 May 2026 (twelve months for earlier offences). It is not automatic: the tribunal weighs the landlord’s conduct, the tenant’s conduct, the landlord’s financial circumstances and whether the landlord has been convicted. A conviction tends to produce a higher award.
What are the fees and what happens after I file?
The Property Chamber charges a fee to issue and a further fee if there is a full hearing, with Help with Fees available — check the current HMCTS figures before filing. After filing, the tribunal acknowledges the application, assigns a reference and issues directions; both sides exchange statements of case, witness statements and disclosure before a final hearing, usually one day before a judge and valuer member. Comply with every direction, as non-compliance risks strike-out.
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Related guides: All civil court forms