Rent Repayment Orders were introduced under the Housing and Planning Act 2016 and have been used to penalise unlicensed landlords and those using illegal eviction tactics. The Renters' Rights Act 2025 expanded the triggers to include misuse of the new Section 8 possession grounds — Ground 1 (own occupation) and Ground 1A (sale) — where the landlord re-lets within 12 months of the possession order.
An RRO can be applied for by the tenant or the local authority. The amount ordered is at the tribunal's discretion, up to a maximum of 12 months' rent. Serious or repeated offences attract the full 12-month award. Understanding the trigger offences, the application process, and available defences allows landlords to assess their risk and take corrective action before an application is made.
What triggers a Rent Repayment Order?
An RRO can be applied for if the landlord has committed one of the following offences:
- Letting without an HMO licence: Operating a licensable HMO without a mandatory or additional licence — the most common RRO trigger
- Letting without a selective licence: Operating in a selective licensing area without a selective licence
- Illegal eviction or harassment: Evicting a tenant without a court order, changing locks, removing belongings, cutting off utilities — offences under the Protection from Eviction Act 1977
- Failure to comply with an improvement notice: Ignoring a local authority improvement notice served under the Housing Act 2004
- Failure to comply with a prohibition order: Continuing to let a property subject to a prohibition order
- Misuse of Ground 1 (own occupation) — re-letting within 12 months: Recovering possession using Ground 1 and then re-letting as a residential tenancy within 12 months of the possession order
- Misuse of Ground 1A (sale) — re-letting within 12 months: Recovering possession using Ground 1A (sale) and re-letting within 12 months of the possession order
- Breach of the Decent Homes Standard (from commencement): Letting a property that fails to meet the Decent Homes Standard once the standard becomes mandatory for private rented sector properties
How tenants apply for an RRO
The application process is through the First-tier Tribunal (Property Chamber):
- Tenant (or local authority) files an application with the First-tier Tribunal using Form RRO1
- The application must be made within 12 months of the alleged offence
- The tribunal notifies the landlord, who has 28 days to respond
- The landlord's response should set out any factual defences and documentary evidence
- The tribunal may list a hearing or determine the application on papers
- If the tribunal finds the offence proven, it determines the amount of the RRO — up to 12 months' rent
- The amount is at the tribunal's discretion: factors include the seriousness of the offence, the landlord's conduct, whether the landlord has previously committed similar offences, and the financial position of the parties
How much can be ordered — the 12-month cap
The maximum RRO is 12 months' rent, but the tribunal has discretion over the amount:
- Maximum: 12 months' rent paid by the tenant (or the local authority) during the relevant period
- Tribunal guidance: the more serious and deliberate the offence, the higher the percentage of the maximum that will be awarded
- Unlicensed HMO landlords with prior warnings or enforcement notices typically receive awards in the 70–100% range
- First-time, accidental, or quickly remedied offences may receive 25–50% of the maximum
- An RRO does not require the landlord to return money already spent — it is a debt enforceable against the landlord personally
- Where Housing Benefit or Universal Credit paid the rent, the local authority can apply for and receive the RRO amount — not the tenant
Defences available to landlords
Landlords have limited but important defences:
- Reasonable excuse: For licensing offences, a landlord who applied for a licence before the offence period and was awaiting a determination may have a reasonable excuse
- No offence committed: Challenging the factual basis — e.g. the property was not licensable, the eviction was lawful, the notice was properly served
- Outside the 12-month window: If the application is made more than 12 months after the offence, it is out of time
- Discretion on amount: Even if the offence is proven, the landlord can make submissions on the appropriate amount — mitigation includes: prompt remediation, financial hardship, cooperation with the local authority, no previous offences
- Note: ignorance of the law is not a defence to an RRO — 'I didn't know I needed a licence' does not prevent the tribunal from making an order
How to avoid an RRO — compliance checklist
Most RROs are preventable through basic compliance:
- Check whether your property requires a mandatory HMO licence (5+ occupants, 2+ households) — apply before letting
- Check whether your local authority operates additional or selective licensing — use the council's postcode checker
- Never evict a tenant without a court order and warrant — even if the tenant has abandoned the property, follow the proper procedure
- Respond promptly and in writing to all local authority improvement notices and prohibition orders
- Do not re-let within 12 months of a possession order obtained using Ground 1 or Ground 1A
- Maintain records of your licence applications, compliance steps, and correspondence — these are your evidence if an RRO application is made
- If served with a local authority enforcement notice, seek legal advice immediately — compliance within the notice period can mitigate an RRO award
Frequently asked questions
Can a tenant apply for an RRO even if they have already left the property?+
Yes. The tenant can apply for an RRO within 12 months of the offence, regardless of whether they are still in occupation. The 12-month limitation runs from the date of the offence — for a licensing offence, this is typically the date the property was let without a licence. Former tenants apply regularly for RROs after leaving, particularly in relation to unlicensed HMOs.
What happens if the tribunal awards an RRO and the landlord refuses to pay?+
An RRO is a county court-level debt once registered. If the landlord fails to pay, the tenant (or local authority) can enforce the order through the county court — including applying for an attachment of earnings, a charging order on the landlord's property, or a third-party debt order. Non-payment also risks contempt of court proceedings. Always take an RRO seriously and seek legal advice if you cannot pay the full amount immediately.
Can the local authority apply for an RRO instead of the tenant?+
Yes. Local authorities have standing to apply for RROs independently of the tenant, and frequently do so in relation to unlicensed HMOs identified through enforcement action. Where Housing Benefit or Universal Credit covered the rent, the RRO amount flows to the local authority rather than the tenant. Local authority RRO applications are often for larger amounts and are more thoroughly prepared than individual tenant applications.
Does an RRO affect my ability to let properties in future?+
An RRO does not itself prevent you from letting in future, but it creates a public record at the tribunal. Local authorities may use RRO determinations as evidence in fit and proper person assessments for HMO or selective licence applications. Multiple RROs or a pattern of non-compliance can result in a refusal to grant or renew a licence, which would effectively prevent you from operating in licensing areas.