Trigger offences — what landlord conduct can result in an RTO
RTO trigger offences (HA 2004 as amended; HA 2016; RRA 2025): letting without mandatory, selective, or additional HMO licence; failure to comply with improvement notice or prohibition order; illegal eviction or harassment (PEA 1977); breach of a banning order; and (from RRA 2025) failure to register on the Property Portal or join the mandatory PRS ombudsman.
- Letting without a mandatory HMO licence — most common trigger; RTO covers up to 12 months' rent during the unlicensed period
- Letting without a selective or additional licence — over 60 selective licensing schemes currently active; increasingly relevant
- Failure to comply with an improvement notice or prohibition order — HA 2004 ss.11-12 / ss.20-21
- Illegal eviction and harassment — PEA 1977 ss.1(2) and 1(3); Criminal Law Act 1977 s.6
- Breach of a banning order — HA 2016 Part 2
- RRA 2025 new offences — Property Portal non-registration; failure to join PRS ombudsman scheme
Who can apply for an RTO — tenants, former tenants, and local authorities
Since the Housing and Planning Act 2016, tenants (not just local authorities) can apply for RTOs. Current tenants who occupied as their only/main home during the offence period; former tenants who apply within 12 months of the last day of the offence; and local housing authorities can all apply. Joint tenants apply separately; UC/housing benefit element is recoverable. The 12-month time limit is strict and cannot be extended.
The First-tier Tribunal process — how RTO applications work
Applications are heard by the First-tier Tribunal (Property Chamber) on the civil standard (balance of probabilities — no criminal conviction needed). The tribunal considers: severity of the offence; conduct of the parties; the landlord's financial position; and whether the landlord is a good landlord in other respects. Awards range from 25% to 100% of the maximum; the trend since 2020 has been toward higher awards.
Landlord defences, mitigation, and banning orders
Defences include: reasonable excuse (available for some offences — document all access refusals and compliance efforts); prompt remedy of the breach; proactive licensing applications. Mitigation includes showing that the breach was accidental and promptly remedied. Banning orders under HA 2016 Part 2 follow criminal conviction and prevent letting/managing residential property; letting in breach of a banning order is itself an RTO trigger offence.