What is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal order issued by the First-tier Tribunal (Property Chamber) requiring a landlord or agent to repay rent, housing benefit, or the housing costs element of Universal Credit to tenants or local authorities. RROs are granted when a landlord or superior landlord has committed one of several offences specified under housing legislation. RRO’s can be made against superior landlords following the enactment of the Renters Rights Act 2025.

A Rent Repayment Order (RRO) can require a landlord to repay up to 24 months’ rent following certain housing-related offences. However, an application does not automatically mean that an offence has been committed or that the applicant is entitled to the full amount claimed.

Landlords may have grounds to challenge an application entirely, rely on a statutory defence, dispute the period of alleged offending, or argue that any award should be substantially reduced.

The Renters’ Rights Act 2025 has significantly strengthened the RRO regime, introducing additional offences, extending liability to qualifying superior landlords and company directors, and increasing the maximum repayment period from 12 to 24 months for offences committed on or after 1 May 2026.

At Landlord Advice UK, we assist landlords and letting agents in understanding their legal position, preparing evidence, responding to RRO applications and defending proceedings before the Tribunal.

What Is a Rent Repayment Order?

A Rent Repayment Order is an order made by the First-tier Tribunal (Property Chamber) under Chapter 4 of Part 2 of the Housing and Planning Act 2016.

An RRO requires a landlord, or another person who is liable under the legislation, to pay an amount representing rent or relevant housing-related benefit payments following the commission of a qualifying offence.

Applications may be brought by tenants or local housing authorities.

Importantly, a criminal prosecution or conviction is not required before the Tribunal can make an RRO. The Tribunal can determine whether the alleged offence was committed as part of the RRO proceedings.

The applicant must establish the offence beyond reasonable doubt, meaning that the criminal standard of proof applies even though RRO proceedings are civil in nature.

An RRO is not automatic simply because a property was unlicensed or a landlord is alleged to have breached housing legislation. The Tribunal must consider whether the legal requirements for making an order are satisfied, including any applicable statutory defence.

What Offences Can Lead to a Rent Repayment Order?

The qualifying offences are set out in section 40(3) of the Housing and Planning Act 2016, as amended by the Renters’ Rights Act 2025.

Existing Rent Repayment Order Offences

  1. Using or threatening violence to secure entry into premises – Section 6(1), Criminal Law Act 1977.

  2. Illegal eviction or harassment of tenants – Sections 1(2), 1(3) or 1(3A), Protection from Eviction Act 1977.

  3. Failure to comply with an improvement notice – Section 30(1), Housing Act 2004. This concerns failure to comply with a qualifying improvement notice served by a local housing authority.

  4. Failure to comply with a prohibition order – Section 32(1), Housing Act 2004. This concerns contravention of a qualifying prohibition order restricting the use or occupation of residential premises.

  5. Breach of a banning order – Section 21, Housing and Planning Act 2016.

  6. Offences relating to an unlicensed property – Section 95(1), Housing Act 2004. This includes controlling or managing a property requiring a selective licence without the necessary licence, subject to statutory exceptions and defences.

  7. Offences relating to an unlicensed House in Multiple Occupation (HMO) – Section 72(1), Housing Act 2004. This includes controlling or managing an HMO requiring a mandatory or additional HMO licence without the necessary licence, subject to statutory exceptions and defences.

New RRO Offences Under the Renters’ Rights Act 2025

  1. Knowingly or recklessly misusing a possession ground – Section 16J(1), Housing Act 1988.

    This offence concerns knowingly or recklessly relying on a possession ground where the landlord is not entitled to possession, in circumstances where the tenant subsequently surrenders the tenancy within the statutory period without a possession order.

    For example, a landlord who falsely claims an intention to occupy or sell a property in order to persuade a tenant to leave may face an RRO application if the statutory elements are established.

  2. Unlawfully re-letting or marketing a property following reliance on certain possession grounds – Section 16J(2), Housing Act 1988.

    This offence concerns breaches of restrictions on marketing or re-letting a property following reliance on certain possession grounds, including Ground 1 (landlord or family occupation) and Ground 1A (intention to sell).

    The restrictions generally operate during a 12-month restricted period, subject to statutory exceptions.

  3. Continuing breaches of tenancy reform requirements – Section 16J(3), Housing Act 1988.

    This offence concerns the continuation of specified breaches of tenancy reform requirements after a qualifying financial penalty has been imposed and the statutory conditions for a continuing offence have been satisfied.

    Relevant conduct may include:

    • Failing to provide the required written statement of tenancy terms.

    • Attempting to grant a prohibited fixed-term assured tenancy.

    • Attempting to terminate an assured tenancy using an invalid notice to quit.

    • Attempting to terminate an assured tenancy verbally rather than following the lawful possession procedure.

    • Continuing other specified breaches of sections 16D or 16E of the Housing Act 1988.

    An initial breach does not automatically amount to an RRO offence under section 16J(3). The requirements concerning the previous financial penalty, any appeal and the continuation of the prohibited conduct must be established.

Further RRO Offences Introduced by the Renters’ Rights Act 2025 – Subject to Commencement

The legislation also provides for three further categories of offences, which will become relevant to RRO applications when the applicable provisions are brought into force.

  1. Continuing breaches of landlord redress scheme requirements – Section 67(1), Renters’ Rights Act 2025.

    This concerns continuing breaches of statutory landlord redress scheme requirements following a qualifying financial penalty and satisfaction of the statutory conditions.

  2. Providing false or misleading information to the Private Rented Sector Database – Section 92(1), Renters’ Rights Act 2025.

    This concerns knowingly or recklessly providing materially false or misleading information in connection with the statutory database requirements.

  3. Continuing breaches of Private Rented Sector Database requirements – Section 92(2), Renters’ Rights Act 2025.

    For RRO purposes, this is limited to qualifying continuing breaches where the previous financial penalty relates to a requirement imposed by section 82(3) of the Renters’ Rights Act 2025.

Important: The commencement of the landlord redress scheme and Private Rented Sector Database offences is separate from the tenancy reforms introduced on 1 May 2026. Landlords should not assume that every newly created offence is already in force.

How Much Can a Landlord Be Ordered to Repay?

One of the most significant changes introduced by the Renters’ Rights Act 2025 is the increase in the maximum potential RRO award.

When the offence was committed Maximum relevant rent period
Before 1 May 2026 Up to 12 months
On or after 1 May 2026 Up to 24 months

The applicable maximum depends on the date of the offence, the relevant statutory provisions and any transitional arrangements.

Where an ongoing offence spans 1 May 2026, the pre-commencement and post-commencement periods must be considered separately.

For example, where rent is £1,500 per month, the potential maximum award based on 24 months’ rent could be £36,000, subject to the qualifying period, applicable deductions and the Tribunal’s assessment.

The maximum award is not necessarily the amount that will be ordered.

The Tribunal must consider the statutory provisions governing the amount payable, including the conduct of the parties, the landlord’s financial circumstances and relevant convictions.

Different rules may apply where the landlord has been convicted of the offence, received a qualifying financial penalty or falls within other statutory provisions requiring a maximum award.

Who Can Be Liable for a Rent Repayment Order?

Immediate Landlords

An immediate landlord may face an RRO application where they have committed a qualifying offence in relation to the tenancy.

Superior Landlords and Rent-to-Rent Arrangements

The Renters’ Rights Act 2025 has expanded the circumstances in which superior landlords may be liable for RROs.

This is particularly important for landlords operating through rent-to-rent companies, guaranteed-rent arrangements and other intermediate letting structures.

Previously, the Supreme Court’s decision in Rakusen v Jepsen [2023] UKSC 9 restricted the availability of RROs against superior landlords under the former legislation.

The new statutory provisions change that position for qualifying offences committed under the amended regime.

However, a superior landlord is not automatically liable simply because they own the property. The statutory requirements for liability must still be established, and additional defences may be available in certain licensing cases.

Company Directors and Officers

The Renters’ Rights Act 2025 also introduces potential personal liability for directors, managers, company secretaries and certain other officers of corporate landlords.

Under section 51A of the Housing and Planning Act 2016, liability may arise where a qualifying offence was committed with the consent or connivance of a relevant officer, or, for specified offences, was attributable to their neglect.

This does not mean every director is automatically personally liable for an offence committed by their company.

The statutory conditions must be established in each case.

Letting Agents

Letting agents and property managers may face liability depending on their legal role, the nature of the alleged offence and whether the statutory requirements for an RRO against them are satisfied.

Merely acting as a managing agent does not automatically make an agent liable to repay rent under an RRO.

The contractual arrangements, identity of the landlord, management responsibilities and relevant legislation must be carefully examined.

How to Defend a Rent Repayment Order Application

Receiving an RRO application does not mean that the landlord must accept liability or agree to repay the amount claimed.

A successful defence will depend on the particular offence alleged, the available evidence and the statutory provisions.

At Landlord Advice UK, we consider both whether the application can be defended entirely and whether there are grounds to reduce any award.

1. Challenging Whether an Offence Was Committed

The applicant must prove the qualifying offence beyond reasonable doubt.

A landlord may challenge the application by disputing one or more essential elements of the alleged offence.

In an unlicensed HMO case, for example, the issues may include:

  • Whether the property met the statutory definition of an HMO.

  • Whether the property was occupied by the required number of persons.

  • Whether the occupants formed the necessary number of households.

  • Whether a mandatory or additional licensing scheme applied.

  • Whether the respondent was a person having control of or managing the property.

  • Whether a valid licence application or temporary exemption applied.

  • Whether the alleged offence continued throughout the period claimed.

A failure by the applicant to prove an essential element of the offence may defeat the application.

2. The Reasonable Excuse Defence

For certain offences, including offences relating to unlicensed HMOs and properties subject to selective licensing, a landlord may rely on a statutory reasonable excuse defence.

Under sections 72(5) and 95(4) of the Housing Act 2004, a person may have a defence if they establish that they had a reasonable excuse for the conduct alleged.

Whether an excuse is reasonable depends on the particular circumstances.

Potentially relevant matters may include:

  • Incorrect or misleading advice received from a competent professional.

  • Circumstances genuinely outside the landlord’s control.

  • Evidence of reasonable steps taken to establish and comply with licensing obligations.

  • Exceptional circumstances affecting the landlord’s ability to comply.

A genuine mistake or lack of knowledge will not automatically establish a reasonable excuse.

The Tribunal will consider the explanation, the supporting evidence and whether the landlord acted reasonably in the circumstances.

3. Challenging the Licensing Requirements

In licensing-related applications, it is essential to establish whether the property actually required a licence during the period alleged.

A landlord may dispute:

  • The number of occupiers.

  • The number of households.

  • The nature of the occupation.

  • The applicable licensing designation.

  • The commencement or expiry of a licensing scheme.

  • The dates on which licensing requirements applied.

Where the property did not require the alleged licence, the offence may not be established.

4. Challenging the Period of the Alleged Offence

An RRO application may seek repayment for a longer period than the legislation permits.

For example, an applicant may incorrectly include periods:

  • Before the property became licensable.

  • After a duly made licence application.

  • After a temporary exemption took effect.

  • When the relevant occupation requirements were not satisfied.

  • Outside the applicable statutory repayment period.

Identifying the correct offence period can significantly affect the amount recoverable.

5. Challenging the Amount of Rent Claimed

The applicant must establish the relevant rent and the period to which the claim relates.

The calculation should be examined for:

  • Incorrect monthly rental figures.

  • Periods for which rent was not paid.

  • Incorrect treatment of housing benefit or Universal Credit.

  • Payments that do not properly form part of the relevant rent.

  • Incorrect allocation of rent between tenants or periods.

  • Duplicate claims or amounts already covered by another RRO.

The treatment of payments made on behalf of tenants and payments made in advance must also be considered under the amended legislation.

6. Challenging the Amount of the RRO Award

Even where an offence has been established and no complete defence is available, a landlord may still be able to challenge the amount sought.

Under section 44(4) of the Housing and Planning Act 2016, the Tribunal must consider, in particular:

  • The conduct of the landlord.

  • The conduct of the tenant.

  • The landlord’s financial circumstances.

  • Whether the landlord has previously been convicted of a qualifying offence.

Relevant mitigation may include evidence of good management, compliance with safety requirements, prompt remedial action, cooperation with the local authority and the absence of aggravating circumstances.

However, these factors do not guarantee a reduction, and special statutory rules may require a maximum award in particular circumstances.

Does a First-Time Licensing Offence Mean the Landlord Must Repay All the Rent?

No. A first-time licensing offence does not automatically require repayment of the maximum amount.

The Tribunal must apply the statutory provisions and assess the circumstances of the case.

Where the Tribunal has discretion over the amount, relevant matters may include the seriousness of the offence, the landlord’s conduct, the financial circumstances of the landlord and the conduct of the tenant.

A landlord who has maintained the property appropriately, complied with relevant safety obligations and acted promptly upon discovering a licensing failure may be able to present those matters in mitigation.

Nevertheless, licensing offences are treated seriously. A landlord should not assume that an absence of tenant harm, an otherwise good management record or a first offence will result in a nominal award.

The evidence and the legal submissions made to the Tribunal are important.

The Rent Repayment Order Tribunal Process

Stage 1 – The Application

A tenant generally applies directly to the First-tier Tribunal (Property Chamber).

For offences committed on or after 1 May 2026, the application period has generally increased to two years from the commission of the offence. Earlier offences remain subject to the previous rules, and special considerations may arise for continuing offences.

A local authority must comply with the separate statutory procedure applicable to its own application.

Stage 2 – Tribunal Directions

The Tribunal will ordinarily issue directions setting out the steps the parties must take before the hearing.

These may include deadlines for:

  • Filing and serving statements of case.

  • Producing witness statements.

  • Disclosing documentary evidence.

  • Preparing hearing bundles.

  • Confirming witnesses and hearing arrangements.

Landlords should comply with all Tribunal directions.

Failure to meet a deadline may result in procedural difficulties, exclusion of evidence or the need to apply for an extension of time or relief from sanctions.

Stage 3 – Preparing the Defence and Evidence

A properly prepared response should address the specific legal elements of the alleged offence.

Depending on the case, relevant evidence may include tenancy agreements, licensing correspondence, property occupation records, rent statements, safety certificates, inspection reports, communications with managing agents and witness statements.

Where the landlord relies on a reasonable excuse or mitigating circumstances, the supporting evidence should be identified and presented clearly.

Stage 4 – The Tribunal Hearing

At the hearing, the Tribunal considers the evidence and submissions of the parties.

Witnesses may be questioned and the parties may make legal submissions concerning liability, statutory defences and the amount of any proposed award.

The Tribunal must be satisfied beyond reasonable doubt that the qualifying offence was committed before making an RRO.

Stage 5 – The Tribunal’s Decision

The Tribunal may dismiss the application or make an RRO for an amount determined in accordance with the legislation.

The decision will generally explain the Tribunal’s findings and the basis on which any award has been calculated.

Stage 6 – Enforcement

An amount payable under an RRO is recoverable as a debt.

If the respondent fails to comply with the order, the successful applicant may take steps to enforce it through the County Court.

Can a Rent Repayment Order Be Settled Before the Hearing?

Yes. RRO proceedings can often be resolved through negotiation without a contested final hearing.

Settlement may be appropriate where the landlord wishes to limit litigation costs, avoid uncertainty or reach a commercial resolution.

However, the appropriate settlement figure should be assessed against the merits of the application.

Relevant considerations include:

  • Whether the alleged offence can be proved.

  • The strength of any statutory defence.

  • The qualifying rent period.

  • The seriousness of the alleged conduct.

  • The likely range of an award.

  • The costs and risks of continuing proceedings.

Landlords should obtain advice before accepting an offer expressed as a percentage of the total rent claimed.

A demand for 70%, 80% or 100% of the claimed rent does not, by itself, establish that the amount would be awarded by the Tribunal.

Can You Appeal a Rent Repayment Order?

Yes. A party dissatisfied with an RRO decision may seek permission to appeal to the Upper Tribunal (Lands Chamber).

Appeals generally concern errors of law rather than simply disagreement with the Tribunal’s factual findings or assessment of the evidence.

A party will ordinarily need to apply to the First-tier Tribunal for permission to appeal within the applicable deadline, generally 28 days after the Tribunal sends its written reasons, subject to the relevant procedural rules.

Where permission is refused, a further application may be made to the Upper Tribunal in accordance with the applicable rules.

Potential grounds of appeal may include:

  • Applying the wrong legal test.

  • Misinterpreting the relevant statutory provisions.

  • Failing to consider a material statutory defence.

  • Procedural unfairness.

  • Reaching a conclusion unsupported by adequate reasoning.

  • Errors in calculating the amount of an award.

Early advice is important because appeal deadlines are strict.

Frequently Asked Questions About Rent Repayment Orders

Can a landlord defend an RRO application?

Yes. A landlord may dispute whether the offence was committed, rely on an applicable statutory defence, challenge the qualifying rent period or dispute the amount sought.

Is a Rent Repayment Order automatic if a property was unlicensed?

No. The applicant must establish the qualifying offence beyond reasonable doubt. The landlord may also have a statutory defence.

Can a landlord be ordered to repay 24 months’ rent?

Yes. For qualifying offences committed on or after 1 May 2026, the maximum relevant period has increased to 24 months, subject to the statutory rules.

Can a tenant claim an RRO after moving out?

Yes. A former tenant may apply provided the statutory requirements and applicable time limits are satisfied.

Can a tenant claim an RRO without a criminal conviction?

Yes. A criminal conviction is not required. The Tribunal determines whether the offence has been proved to the criminal standard.

Can a superior landlord be liable for an RRO?

Yes. Under the amended legislation, superior landlords can be liable where the relevant statutory conditions are satisfied.

Can a company director be personally liable?

Yes, in qualifying circumstances. Personal liability is not automatic merely because a person is a director of the landlord company.

Can a letting agent be personally liable?

Potential liability depends on the agent’s legal status, role and the offence alleged. Acting as a managing agent alone does not automatically make an agent liable under the RRO regime.

Does an RRO give the landlord a criminal record?

No. An RRO is a civil order and does not itself amount to a criminal conviction. However, the underlying conduct may separately result in criminal proceedings or other enforcement action.

Can the landlord negotiate a settlement?

Yes. The parties may negotiate settlement before the Tribunal determines the application.

Can the Tribunal reduce the amount claimed?

Yes, where the statutory framework permits. The Tribunal must assess the amount under the relevant provisions and may take account of the conduct of the parties and other prescribed factors.

Specialist Rent Repayment Order Defence Advice – Landlord Advice UK

Have you received a Rent Repayment Order application from a tenant or local authority?

At Landlord Advice UK, we assist landlords, letting agents, property investors and property companies facing RRO proceedings.

Our experts can assist you if you have had an application for an RRO brought against you, contact our team now.