Share post:
A Rent Repayment Order (RRO) can require a landlord to repay rent after certain housing offences. From 1 May 2026, the Renters’ Rights Act expanded qualifying offences, extended the tenant’s application window to two years, and increased the repayment period to two years.
Key Takeaways:
- A Rent Repayment Order (RRO) can require a landlord to repay rent if they commit qualifying housing-related offences.
- Tenants and local authorities can apply to the First-tier Tribunal for an RRO.
- As of 1 May 2026, the Renters’ Rights Act 2025 expanded the offences that could trigger an RRO.
- The maximum repayment period went from 12 months to 24 months for offences covered by the new rules.
- Landlords should prioritise licensing, tenancy administration, and compliance to lower the RRO risk.
A Rent Repayment Order is a financial order that requires landlords to repay a tenant’s rent after certain housing-related offences.
What is a Rent Repayment Order?
A Rent Repayment Order (RRO) is a financial order the First-tier Tribunal issues that requires landlords to repay rent to a tenant or, where relevant, pay a local authority. This is triggered when a tenant files an RRO and proves the landlord has committed a qualifying housing offence.
The First-tier Tribunal (Property Chamber) deals with RRO applications. They require proof beyond reasonable doubt that a qualifying housing offence was committed, although an RRO does not require a criminal conviction.
An RRO is not a tool for recovering rent after a landlord is proven to have provided poor service or breached a tenancy agreement. The tenant applying for the RRO should prove the landlord committed one of the qualifying offences covered by the legislation.
The history of the RRO
The Rent Repayment Order was introduced under the Housing Act 2004 and initially focused on landlords operating unlicensed HMOs. Tenants could not apply directly and had to wait for the local authority to secure a relevant criminal conviction before pursuing an RRO.
Under the Housing and Planning Act 2016, RROs were strengthened when tenants gained the right to apply directly to the First-tier Tribunal, without waiting for the local authority to prosecute the landlord or secure a criminal conviction. The qualifying offences also expanded to include illegal eviction, violence, harassment, breaches of improvement notices and prohibition orders, and breaches of banning orders.
In Rakusen v Jepsen UKSC 9, the Supreme Court ruled that, under the legislation at the time, an RRO could be made only against the tenant’s immediate landlord, not the ultimate landlord further up the chain. This gave property owners a loophole to avoid RRO liability through rent-to-rent arrangements, where they rent their property to an intermediary, which in turn lets it to tenants.
How Did the Renters’ Rights Act Change Rent Repayment Orders?
The Renters’ Rights Act 2025 significantly strengthens the RRO from 1 May 2026. Among the major reforms are:
- Extend the potential repayment period to up to 24 months
- Extend the application window to two years, for relevant offences
- Allow RROs against superior landlords, once proven to have committed a qualifying offence
- New qualifying offences, including misusing certain possession grounds, letting or marketing a property within a restricted period, and breaching new tenancy rules
These changes make RROs an important consideration for landlords. Property compliance is no longer simply about avoiding council enforcement. A serious breach can turn non-compliance into a substantial financial liability.
Offences before and after 1 May 2026
The date of the alleged offence matters. Any offence committed entirely before 1 May 2026 remains subject to the previous RRO rules. This includes the former 12-month application window and maximum repayment period.
Offences committed from 1 May 2026 will be subject to the stronger RRO rules as expanded under the RRA.
If an offence straddles the date, the claim will be split into two distinct periods. This means the old rules apply to the pre-May portion and the new rules govern the post-May portion.
Which Offences Can Lead to a Rent Repayment Order?
RROs arise from several housing offences. From 1 May 2026, the qualifying offences include:
- Using an unlicensed HMO or unlicensed house
- Failing to comply with an improvement notice or prohibition order
- Illegal eviction or harassment of occupiers
- Use of violence to secure entry
- Breach of a banning order
- Knowingly or recklessly misusing a possession ground
- Letting or marketing a property during a restriction period after using certain possession grounds
- Continuing breaches of tenancy reform requirements
The Renters’ Rights Act introduced the last three categories, and they apply to offences committed from 1 May 2026.
Of these qualifying offences, data shows the most common involve licensing issues. If a property is not appearing on a public licensing register, this does not automatically prove it is unlicensed. Validate the records with the relevant council to remove any uncertainty.
Did you know…
LetCompliance’s research shows that 93% of Rent Repayment Orders published by property tribunals in England relate to licensing offences, specifically under Section 72 and Section 95 of the Housing Act 2004. Licensing offences are either HMO or selective licensing, or both.
How Much Can a Landlord Be Ordered to Repay?
For offences covered by the post-1 May 2026 rules, an RRO can cover up to two years of rent. This is the maximum and not the automatic award. The tribunal decides the specific amount under the statutory rules.
The amount is still substantial, especially for repeat offences. If a landlord has previously faced enforcement action, the Renters’ Rights Act can require the maximum RRO amount for a subsequent offence.
So if the monthly rent is £3,000, a landlord may be asked to pay up to £72,000. This is why landlords should treat licensing and regulatory compliance as an ongoing responsibility rather than something to address only when a council raises an issue.
Who Can Apply for a Rent Repayment Order?
A tenant can apply for an RRO if they believe their landlord committed a qualifying offence. A local authority can also seek an RRO in relevant circumstances, including where rent was funded through Housing Benefit or Universal Credit.
The expanded rules under the Renters’ Rights Act also mean the person facing an RRO does not have to be the tenant’s immediate landlord. This addresses rent-to-rent agreements that property owners used to exploit the RRO loophole.
How Does the Rent Repayment Order Process Work?
RRO applications are made to the First-tier Tribunal using Form RRO1. Applicants must provide evidence supporting the alleged offence, and the landlord can respond and present their own evidence or defence.
Among the evidence that can be presented in a licensing case, for instance, could include:
- The tenancy agreement
- Deposit protection records
- Council licensing information
- Communications between involved parties (landlord, tenant, and/or agent)
- Evidence showing when the tenant occupied the property
- Relevant notices or enforcement documents
The tribunal decides based on the evidence provided and whether it has established the offence to the required standard.
If an RRO is made, the amount ordered becomes recoverable as debt.
How Can Landlords Reduce the Risks of an RRO?
The best protection against the risk of a Rent Repayment Order is proactive compliance. Landlords should regularly check licensing regulations and ensure their property and management practices meet legal requirements. Practical steps include:
- Checking if the property requires mandatory, additional, or selective licensing
- Monitoring licences and renewal dates
- Maintaining accurate tenancy and deposit records
- Following the correct process when increasing rent
- Avoiding rental bidding or other prohibited letting practices
- Keeping written records of important landlord-tenant communications
- Reviewing compliance as property use or letting arrangement changes
- Choosing the right possession grounds, if applicable
- Responding to council notices and enforcement action promptly
Professional property management can help landlords maintain records, monitor regulatory requirements, and coordinate operational tasks. If the landlord chooses to work with a professional, they should clarify which compliance responsibilities the professional handles and which remain with the landlord.
Protect Your London Rental From Compliance Risks
Rent Repayment Orders no longer cover only the traditional housing offences landlords used to know. Since 1 May 2026, the Renters’ Rights Act has expanded the offences covered, increased the repayment period, and extended the application window.
This means London landlords should ensure compliance to avoid hefty RROs that could amount to 2 years’ rent. To lower your risk of an RRO, understand your property’s licensing requirements, keep your compliance records updated and organised, and ensure your letting practices comply with the latest rules.
At City Relay, we help landlords coordinate day-to-day compliance tasks, maintain records, and stay informed about relevant operational requirements. Our team can help identify borough-specific licensing requirements and ensure properties are compliant before going live. We provide access to a client portal that shows their property’s performance, including compliance records and renewal schedules.
If you want to reduce the risk of Rent Repayment Orders, we’re here to help.
FAQs
What is a Rent Repayment Order?
A Rent Repayment Order is a financial order from a First-tier Tribunal that requires a landlord to repay rent after committing certain housing offences. Tenants and local authorities can apply when they have proof of qualifying offences. After the Renters’ Rights Act, the scope of RROs has expanded to include more offences, a longer repayment period, and a wider application window.
How much rent must a landlord repay under an RRO?
For offences covered by the new rules, an RRO can relate to rent for up to two years. This is the maximum and is not automatically imposed. It depends on the tribunal’s ruling, although repeat offenders are more likely to receive the maximum amount. Offences entirely committed before 1 May 2026 follow the old RRO offences, while those entirely committed after will follow the expanded RRO. For offences that start before 1 May 2026 and end after, different parts will follow the corresponding RRO rules.
Can a landlord get a Rent Repayment Order for an unlicensed property?
Yes, an RRO can arise if a landlord commits an offence by managing a property that isn’t properly licensed. Landlords should check their local authority’s licensing requirements to ensure full compliance.
Can a tenant apply for a Rent Repayment Order without a landlord being convicted?
Yes. A criminal conviction is not required for a tenant to apply for a Rent Repayment Order before the First-tier Tribunal. The RRO applicant must provide sufficient evidence to satisfy, without reasonable doubt, that the landlord committed a qualifying offence. The landlord can respond and present evidence to dispute the claims. This is why keeping accurate records and staying up to date with requirements is important.
How long does a tenant have to apply for a Rent Repayment Order?
For offences committed before 1 May 2026, the application window is 12 months. Those committed after that date, the application window is 24 months from the date of the offence. If an offence straddles 1 May 2026, the applicable rules will depend on when the conduct occurred.
