How to Use Rent Repayment Orders Under Housing and Planning Laws
Paid rent for a property only to discover your landlord is breaking housing laws? You are not alone because many landlords in the UK operate unlicensed HMOs or ignore the council’s notices obtain a license. Tenants can claim a 12-month rent back if the landlord is violating laws through a Rent Repayment Order. In March 2026, 46 tenants from 15 apartments collectively reclaimed £263,555.68 against their landlords as a result of RROs.
If you are in a similar situation, the Property Management Company will help you understand the RRO process, the amounts awarded, and how to get your money back.
What is a Rent Repayment Order?
A Rent Repayment Order in the UK is a legal way of requiring landlords to repay rent to tenants or local authorities if the landlord has committed certain housing offences without a reasonable excuse.
An RRO can require a landlord to repay a full 12-month rent or Universal Credit Housing Elements amount, or housing benefit amount.
Why do Rent Repayment Orders Exist?
Many landlords continuously breach the housing laws, and it’s disconcerting for tenants to pay to offenders. These repayment orders exist to help tenants reclaim their rent when landlords violate the law.
The rent repayment order claims are required to:
- Repay tenants to live in unsafe or risky properties
- Recoup unfair amounts of rent earned by landlords
- Hold the landlord accountable for breaches and violations of Housing Laws
- Discourage landlords from breaking laws in the future.
- Compensate tenants for living in substandard housing conditions.
Legislation Behind Rent Repayment Orders
The RROs typically fall under the Housing and Planning Laws 2016. The following table lists the main acts, sections, and types of offences that qualify for an RRO.
| Legislation / Act | Section | Type of Breach / Offence |
|---|---|---|
| Criminal Law Act 1977 | Section 6(1) | Using violence to secure entry |
| Protection from Eviction Act 1977 | Section 1(2), (3), (3A) | Unlawful eviction or harassment of occupiers |
| Housing Act 2004 | Section 30(1) | Ignoring the improvement notice |
| Housing Act 2004 | Section 32(1) | Failure to comply with the prohibition order |
| Housing Act 2004 | Section 72(1) | Management of an unlicensed HMO |
| Housing Act 2004 | Section 95(1) | Management of a house without a license |
| Housing and Planning Act 2016 (HAPA) | Section 21 | Breach of the banning order |
Offences Under a Rent Repayment Order Can Be Issued
The main offences that make landlords face a rent repayment order legally are stated below:
- The landlords who let their property without a correct license, such as Selective Licensing in a specific area, or additional licenses, are liable to repay rent.
- If the tenants are being harassed in the property or evicted unlawfully can apply for an RRO.
- If landlords continuously ignore improvement or prohibition notices from tenants, they will face an RRO.
- Renting out Unlicensed HMOs or breaching a banning order can also result in a rent repayment notice.
Who Can Be Held Responsible Under an RRO and Why
A rent repayment order in England can be made against landlords who have committed offences against the housing laws.
Immediate Landlords
The immediate landlords, or the company mentioned on the rental agreement, will be held responsible for breaching. The persons to whom the tenant pays directly are also liable for an RRO.
Superior Landlords
A superior landlord or property owner may be liable for compensation if they are found to be the immediate landlords or direct rent receivers. A tenant can only name their immediate landlord.
If they are not clear about who the immediate landlord is, they can jointly file against both the mentioned landlords (in the Rental Agreement) and the superior landlords.
Managing Agents or Operators
In the case of rent-to-rent, the managing agents or tenancy operators are held responsible for repaying the rent under the law.
Who Can Apply for an RRO
An RRO can be made by tenants, local authorities or collectively by multiple tenants.
Tenants (Occupiers)
Occupiers can be tenants or license holders, who can apply for a repayment of the rent they paid, if the:
- Violation or offence is against the property they are occupying.
- The landlord offence is committed within the last 12 months of the application. For example, if you submit the RRO1 on 1st January 2026, the landlord must have committed the qualifying offence between 1st January 2025 and 1st January 2026.
The tenancies or licenses for more than 21 years are also considered under this definition. Occupiers can claim 12 months’ rent payback and cannot claim the rent paid before the offences are made.
Local Authorities
Local authorities can apply for an RRO to get a universal credit costs element or housing benefit from landlords in case of following scenarios.
- The offences are made in the housing or property under the respective council.
- If the landlord doesn’t consider improvement or prohibition notices from authorities.
The amount of the repayment must not exceed the limit or universal credit cost element, or the housing benefit amount paid to the landlord directly or indirectly in the required period.
Joint Applications by Multiple Tenants
Tenants, former tenants, or licensees (including joint tenants) can apply together in a single RRO1 for ongoing or previous offences made by landlords in the relevant period.
How to Apply For A Rent Repayment Order | Step-by-Step
An application for an RRO is made tenant or a local authority to the First-Tier Tribunal (FTT) using the form RR01. The RRO1 form is the official application used by tenants or local authorities in England and Wales for rent repayment from the first-tier tribunal.
A Pre-Notice to the Landlords
The local authority must issue a notice on intended proceedings to the landlord before applying for a rent repayment order. They must mention the reasons or offences they made, the amount they want as compensation, and give them 28 days to respond.
The notice of the intended proceedings must be served within 12 months of the offences occurring.
Complete an RRO1 Form
Download and apply the RR01 Form from the Government Website. Tenants or local authorities must mention the clear reasons and timelines of the offence.
Submit Documents and Evidence to the Tribunal
The Residential Property Tribunal only considers the application of rent repayment if it is satisfied that landlords are committing legal offences.
- Ensure that the offence or breach is made within one year, and collect the tenancy agreement, bank statements showing rent payments, and proof of the offence.
- After collecting evidence for offences like illegal eviction or unlicensed properties, submit the application with these documents to the Upper Tribunal.
Application Fees and Costs
After submitting the application to the FTT, you will be required to pay fees. And you also need to pay for hearings if the tribunal decides. The amount of the fee is mentioned in the RR01 form.
How Tribunals Decide the Amount of Rent Repayment Orders?
The amount determination applies to both cases of landlord has committed an offence more than once or has been in violation for more than a year.
- When the rent counts, and there are only two possible time windows, legally. First is the rent paid in the 12 months leading up to the offence date, and second is the rent paid when the landlord was breaching the law.
- Any Universal Credit element or housing benefit paid towards the rent in the determined period will be deducted.
- The landlord cannot be ordered to repay the rent more than the paid rent or Universal Credit.
- The tribunal then decides the amount that must be paid by considering certain factors.
Factors the Tribunal Must Consider During Amount Determination
The tribunal then adjusts the amount by considering:
- Landlord behaviour includes the conduct of the landlord in managing property, dealing with tenants and the RRO process. The tribunal must be aware of the slow response or failure to solve serious problems of the tenants, such as damp and mould, pests, fire and safety hazards, water leaks and broken heating.
- Other failings of conduct include providing insufficient documentation to the tenants, such as electrical and gas certificates, EPC, or tenancy agreement. The misconduct may also include the harassment of tenants, raising rent without notice, entering the premises without any prior notice, etc.
- On the other hand, good conduct of the landlord is also considered, which includes giving a timely response to the tenants and making required repairs at the time, providing all the documents and law compliance before the offence.
- Financial conditions of the landlord are considered by the tribunal to ensure that the landlord is really able to pay the rent amount.
- The offence must be proven to the required legal standards, usually with evidence such as proceedings notices from councils or convictions.
- The previous convictions of the landlord may lead to an increase in the repayment amount due to repeated offences.
- Tribunal will also look at the tenant’s behaviour during the tenancy, as poor conduct of the tenant may lead to a decrease in the repayment amount.
Deductions or Adjustments to the RROs Amounts
The 12-month maximum amount is awarded in certain circumstances or can be deducted by considering factors such as landlord conduct or financial condition.
Maximum Amount Penalty
The tribunal can award the maximum amount to repay as a standard rule for breaching the HMO or other license requirements, illegal evictions or harassment of tenants, breaching restriction orders or emergency prohibition orders, and failing to comply with the improvement notices.
When the RRO is made by a local authority, the maximum penalty can be awarded if the landlord has committed the illegal offence.
Deductions
The tribunal must reduce the amount of repayment in cases where the landlord has paid for utilities like electricity or gas from the rent amount, or tenants has not paid the complete rent for 12 months or has contributed to the breach of laws with the landlord.
RROs and Renters Rights Act 2026 Changes
The new RRO regulations are added in the new Renters’ Rights Act, which will be enforced from May 1st 2026.
- The Renter Rights Act has strengthened the framework of RROs for renters. This act ammended the Section 44 and 45 of HAPA 2016, which increased the amount of rent repayment from 12 months to 24 months or 2 years.
- The Act will also enable the tribunal to issue an RRO for both superior landlords and immediate landlords (rent-to-rent landlords).
- The act states that if an RRO is made for multiple landlords, they are all responsible for paying the rent amount.
Additional Offences in the Renters’ Rights Act 2025
The Renters’ Reforms Act has also added six additional offences to the list under which landlords will be liable for an RRO, given in the table below:
| Description of offence | Under Statutory Provision |
| The landlord has failed to comply with Redress Scheme repeatedly. | Renters’ Rights Act 2025 |
| Providingf of false or misleading information to the PRS | Renters’ Rights Act 2025 |
| Repeatedly failing to provide a complete date to PRS | Renters’ Rights Act 2025 |
| Using a Legal reason to evict tenants from property unfairly or dishonestly. | Housing Act 1988 |
| Breach of the ban on letting and advertising property for sale | Housing Act 1988 |
| Ignoring the tenancy reforms regulations continuously and repeatedly | Housing Act 1988 |
Real Life RROs Examples
The rent repayment order is not only a formality, but it has played a vital role in holding landlords accountable, while tenants can reclaim rent paid during periods of legal breaches.
- In Newham London Borough Council v Ring case, the local authority used the RRO to recover the Housing Benefit from the landlord who had failed to comply with the license requirements. The case demonstrated that not only tenants but local council can claim housing benefits if the landlords breach the license requirements.
- Another example is the Taylor v Mina An Ltd (2019) case, where a tenant applied for a rent repayment order because her landlord failed to obtain the HMO license after buying the property, mistakenly thinking that the old license had transferred with the sale. The tribunal ruled that the old HMO license is not valid for a new sale, and the landlord was made liable to repay.
Conclusion
Rent repayment orders are a powerful tool for tenants and local authorities to claim their rent back after their landlord has breached the legal housing regulations. The landlords are held accountable for the violations they made, and they face hefty fines in the face of 12 month rent payback.
With the new Renters Rights reforms, these fines are now increased from one year’s rent to two years’ repayments. So, the landlord needs to comply with the license requirements for HMOs and must consider the notices of improvement and prohibitions to prevent these penalties and financial liability.
