Rent Repayment Orders Explained: When Tenants Can Claim and What Landlords Should Do First

Rent repayment orders, commonly called RROs, are one of the strongest enforcement tools available to tenants in the private rented sector. They allow tenants, and in some cases local authorities, to recover rent from a landlord who has committed certain housing offences. Since 1 May 2026, the rules have become even more significant because the maximum repayment period for many current RRO claims is now up to 2 years’ rent.

This article explains what RROs are, what offences can trigger a claim, how the application process works, and what landlords should do before a claim is made.

What is a rent repayment order?

A rent repayment order is an order made by the First-tier Tribunal (Property Chamber) requiring a landlord, licensor or certain company officers to repay rent to the tenant, or to repay housing benefit or the housing element of Universal Credit to the local authority where public funds paid the rent.

RROs were first introduced under the Housing Act 2004 and were later expanded by the Housing and Planning Act 2016. The Renters’ Rights Act 2025 has now widened their reach further for offences committed from 1 May 2026.

An RRO is not the same as a standard damages claim. The tenant does not need to prove that they suffered a separate financial loss. The focus is whether the landlord committed a qualifying offence and what amount should fairly be repaid.

What offences trigger a rent repayment order?

Not every landlord failure gives rise to an RRO. The qualifying offences include:

Letting an unlicensed HMO
Letting an unlicensed property in a selective licensing area
Failing to comply with an improvement notice
Failing to comply with a prohibition order
Illegal eviction or harassment
Violence for securing entry
Breach of a banning order
Knowingly or recklessly misusing a possession ground
Letting or marketing a property within the restricted period after using a moving-in or selling possession ground
Continuous breach of certain tenancy reform requirements

Unlicensed letting remains one of the most common grounds in practice. Many landlords do not realise their borough operates an additional or selective licensing scheme until a tenant checks the register.

Section 21 has now been abolished for new and existing private rented sector assured tenancies in England from 1 May 2026. The focus is therefore no longer on whether a landlord serves a Section 21 notice, but whether they misuse the new possession grounds or breach the post-reform tenancy rules. Our blog on Section 21 abolition proposals explains the wider possession changes.

Who can apply for an RRO?

A tenant can apply if they paid rent personally and the offence was committed while they occupied the property. A former tenant can also apply.

Where rent was paid through housing benefit or Universal Credit, the local authority can apply for repayment of that public money. A tenant and local authority may both be involved, but the total recovery cannot exceed the permitted rent period.

For offences committed from 1 May 2026, the application must generally be made within 2 years of the offence. For offences committed before 1 May 2026, the old 12-month limit and 12-month maximum rent period may still apply.

How much can a tenant recover?

For current claims under the post-1 May 2026 rules, the maximum is up to 2 years’ rent. The tribunal decides the amount and will consider factors such as:

The seriousness and duration of the offence
The landlord’s conduct
The tenant’s conduct
Whether the landlord has previous convictions, penalties or RROs
The landlord’s financial circumstances
The amount of rent actually paid by the tenant

In unlicensed property cases, a landlord who acted quickly after discovering the issue may face a lower award than one who deliberately ignored licensing requirements. However, ignorance of a licensing scheme is not usually a complete defence.

The application process

RRO applications are made to the First-tier Tribunal using the relevant RRO application form.

The usual process is:

Gather evidence, including the tenancy agreement, rent payment records, correspondence and licensing register results.
Check the time limit carefully.
Complete and submit the application.
Pay the current tribunal fee or apply for Help with Fees if eligible.
Prepare an evidence bundle.
Attend the tribunal hearing.

The tribunal must be satisfied that the relevant offence was committed. A criminal conviction is not required, but the evidence must be strong. Our blog on evidence that wins disrepair and EPA cases gives useful guidance on building clear evidence bundles. Where the property was also in poor condition, tenants seeking housing disrepair solicitors in London may wish to explore both routes.

What tenants need to prove

The key evidence will usually show:

That they were the tenant during the relevant period
That rent was paid
That the property required a licence or that another qualifying offence was committed
That no valid licence or exemption applied, where licensing is the issue
The period during which the offence continued

For licensing cases, official confirmation from the local authority can be particularly important.

What landlords should do now

Landlords should audit every rental property and check whether mandatory HMO licensing, additional licensing or selective licensing applies. London borough schemes vary significantly, and they change over time.

If you discover a property should have been licensed, apply immediately and keep records of the steps taken. Prompt action may reduce the amount of any RRO, although it will not necessarily remove liability for the unlicensed period.

If you receive an RRO application, take legal advice quickly. Tribunal directions can move fast, and a weak response may make the position worse. Our landlord and tenant solicitors in London advise on both defending RRO claims and reducing compliance risk. The wider reform picture is covered in our plain English guide to the Renters’ Reform Bill timeline.

The intersection with Awaab’s Law and property standards

Awaab’s Law currently applies to social housing, with private rented sector extension planned through later implementation of the Renters’ Rights Act framework. It is not yet a fully live private landlord RRO trigger in the same way as unlicensed letting.

However, private landlords should not ignore serious hazards. Failure to comply with an improvement notice or prohibition order can already support an RRO. Our blog on Awaab’s Law Stage 1 deadlines and landlord response times explains the direction of travel on repair duties.

RROs and eviction

An RRO application does not automatically stop possession proceedings, and a possession claim does not prevent an RRO. They are separate processes.

However, landlords should be careful where a tenant has recently complained about licensing, disrepair or enforcement issues. Attempts to evict shortly after a complaint may attract close scrutiny. If you are considering possession in those circumstances, take advice from eviction solicitors in London first.

For tenants facing possession after raising a complaint, our blog on pets, deposits, and rent-related reforms explains the wider tenant protection landscape. Where an RRO award is made and not paid, our dispute resolution solicitors in London can advise on enforcement.

Frequently asked questions

Does my landlord need to be prosecuted first?

No. The tribunal can make its own finding. A criminal conviction is not required.

What if my rent was paid by Universal Credit?

You can only claim for rent you personally paid. The local authority can apply for the part paid through housing benefit or Universal Credit.

Can I apply after leaving the property?

Yes, provided you are within the relevant time limit.

My landlord has now applied for a licence. Does that end my claim?

No. A licence obtained later does not erase the earlier unlicensed period, although prompt action may reduce the award.

I am a landlord and did not know about selective licensing. Is that a defence?

It may help reduce the amount, but it is unlikely to remove liability entirely. Landlords are expected to know which licensing schemes apply.

Get the right advice

Rent repayment orders are now a larger risk for landlords and a stronger remedy for tenants. For tenants, they can provide meaningful financial redress. For landlords, they are a reminder that licensing, notices, repairs and possession strategy must be handled carefully.

At Atalaw Solicitors, we advise both tenants and landlords on RRO applications, housing compliance and landlord and tenant disputes. Whether you want to bring a claim, defend one or review your obligations before problems arise, our team can help.