A Rent Repayment Order (RRO) is an order made by the First-tier Tribunal (Property Chamber) requiring a landlord to repay up to 12 months' rent directly to the tenant. No council action is needed, the tenant applies directly. With the Renters' Rights Act 2025 expanding the list of RRO triggers from 1 May 2026, every private landlord in England is now at greater risk.
What triggers an RRO in 2026?
Under the Housing and Planning Act 2016 (as amended by the Renters' Rights Act 2025), the relevant offences that give rise to an RRO application now include:
- Letting or managing an unlicensed HMO (mandatory or additional licensing scheme)
- Letting a property without a required selective licence
- Serving a Section 21 notice on or after 1 May 2026, this is now a civil offence
- Using unlawful discrimination in tenant selection ('No DSS', blanket refusal of families with children)
- Engaging in illegal eviction or harassment
- Breach of the tenant's right to request a pet (failing to respond within 42 days in writing)
- Bidding facilitation, inviting or accepting offers above the advertised rent
- Failure to comply with an improvement notice or prohibition order
Serving a Section 21 notice after commencement is now an RRO trigger as well as attracting a separate civil penalty of up to £7,000. On a £1,500/month property, a single unlawful Section 21 could expose a landlord to £18,000 (12 months' RRO) plus the civil penalty.
How much can a tenant recover?
The Tribunal can award the full amount of rent paid during the period of the offence, up to a maximum of 12 months' rent. There is no minimum. The Tribunal weighs the seriousness of the offence, the landlord's conduct, and any financial hardship. For serious or deliberate offences, the Tribunal typically awards the full 12 months.
How the RRO process works
- Tenant (or former tenant within 12 months of leaving) applies to the First-tier Tribunal using Form RRO1.
- Landlord is served with the application and given time to respond in writing.
- Hearing takes place, typically 3–6 months after application.
- If the Tribunal is satisfied a relevant offence occurred, it must make an RRO. The amount is discretionary within the 12-month cap.
- RRO is enforceable as a Tribunal order, non-payment leads to enforcement proceedings.
Key RRO risk areas for landlords in 2026
| Risk | RRO trigger | Maximum exposure |
|---|---|---|
| Property in selective licensing area without licence | Unlicensed letting | 12 months' rent |
| HMO without mandatory or additional licence | Unlicensed HMO | 12 months' rent |
| Section 21 served on or after 1 May 2026 | Unlawful Section 21 | 12 months' rent + £7,000 civil penalty |
| No response to pet request within 42 days | Breach of pet request right | 12 months' rent |
| 'No DSS' or blanket family refusal | Unlawful discrimination | 12 months' rent |
How to defend against an RRO
- Licensing offences: Show the property was validly licensed, or that a licence application was pending and all reasonable steps had been taken.
- Section 21 after 1 May 2026: Show the notice was served before commencement with proof of pre-commencement service date.
- Discrimination: Show any refusal was on lawful grounds unrelated to benefit status or family composition.
- Pet requests: Show you responded within 42 days in writing with lawful grounds or consent.
How to reduce your RRO exposure
- Check licensing requirements for your property postcode before every new letting
- Never serve a Section 21 notice after 1 May 2026, use Section 8 Form 3A only
- Respond to all tenant pet requests in writing within 42 days
- Keep all advertising free from blanket exclusions on DSS claimants or families
- Document every tenant communication, repair requests, responses, notices served
Our Landlord Compliance Pack (LS-E-100, £49) covers the five highest RRO risk areas: PAT Agreement, Section 8 Notice Pack (Form 3A), Section 13 Rent Increase Pack (Form 4A), and Information Sheet Serving Pack, all updated for the 1 May 2026 regime.