Rent repayment orders: how tenants claim back up to two years' rent

A tenant in England can claim back rent already paid — not a token sum, but up to two years of it. The tool is called a rent repayment order (RRO), a tribunal decides it, and the landlord does not need to have been convicted or fined first.

What is a rent repayment order?

It is a tribunal decision ordering a landlord to repay rent, up to two years' worth. GOV.UK states the purpose plainly: to deter landlords from offending and to let tenants act themselves rather than wait for the council.

The rules changed on 1 May 2026. For offences committed before that date the old regime applies: the maximum is one year's rent, and the application must be made within one year of the offence.

Which offences qualify?

The list is closed and has ten entries: letting an unlicensed HMO (section 72(1), Housing Act 2004) or an unlicensed house (section 95(1)); failure to comply with an improvement notice (section 30(1)) or prohibition order (section 32(1)); illegal eviction and harassment (Protection from Eviction Act 1977); violence for securing entry (section 6(1), Criminal Law Act 1977); breach of a banning order (section 21, Housing and Planning Act 2016).

Three more cover abuse of possession grounds under section 16J, Housing Act 1988: knowingly or recklessly misusing a ground, letting or marketing within twelve months of using the "moving in" or "selling" ground, and continuous breach of tenancy reform requirements.

Who can apply?

Four conditions at once: you are or were a private-sector tenant; you can prove one of the listed offences; it happened while you rented the property; and it was committed no more than two years before you apply.

Your landlord need not have been convicted or fined. It does not matter how, or to whom, the rent was paid. You do not have to still live there. But rent paid through Housing Benefit or Universal Credit cannot be claimed by you: only the council can apply for that part.

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How much can be claimed?

The ceiling is two years' rent, but it is counted two ways. For one-off offences — illegal eviction, violence to secure entry, misuse of a possession ground — you claim up to two years of rent ending on the date of the offence. For ongoing offences — failure to license, failure to comply with a notice or order, letting while subject to a banning order — you claim the rent paid during the period the offence continued.

The final figure is set by the tribunal and turns partly on the landlord's conduct. The guidance names, as bad conduct, slow or absent repairs where the landlord knew about damp and mould, leaks, fire-safety concerns, broken heating or pests, and failure to provide documents: gas and electrical safety certificates, the EPC, the written statement of terms, the tenancy agreement.

Who is the respondent?

An RRO can be made against a landlord — immediate, superior or a company — and against a director, manager or similar officer of a company landlord. A letting or managing agent must not be named: an RRO cannot be made against them, even if you paid your rent to them.

Under a rent-to-rent arrangement you may name any or all landlords in the chain; where the tribunal finds several committed the offence, they are jointly and severally liable for the full amount.

How does the process work?

You apply on Form RRO1 to the First-tier Tribunal (Property Chamber). The tribunal acknowledges the application and asks for an application fee; a hearing fee follows later if a hearing is listed. The amounts are set out in section 10 of the RRO1 form, and help with fees may be available. Applicants on the same tenancy agreement pay one fee; applicants at the same property on different agreements each pay.

The tribunal then issues directions: an applicant bundle, a respondent bundle, usually a reply. Proving every element of the offence is the tenant's job, to the criminal standard — beyond reasonable doubt. Cases are heard by a judge with one or two lay members; the written decision normally arrives within four weeks.

What will the landlord argue?

There are defences, and a proven one defeats the claim. On licensing: applying for a licence is a complete defence from the date of application, so rent is recoverable only for the period before it; a Temporary Exemption Notice covering the whole unlicensed period; and "reasonable excuse". A superior landlord has two more: that they could not reasonably have been expected to know a licence was needed, and that they took all reasonably practicable steps.

What if the money does not arrive?

The tribunal usually gives the landlord a maximum of 28 days from the date of the decision to pay. If that passes, you convert the tribunal decision into an enforceable County Court Judgment — there is no fee for this — and can then use Form N322A to instruct county court bailiffs.

Applying is not a ground for eviction: your landlord cannot evict you because you applied for an RRO. Justice for Tenants, Flat Justice and Safer Renting help with applications and representation, charging only if the claim succeeds; for general advice the guidance points to Shelter, Citizens Advice, a tenant union or your council.

If the dispute starts with a missing licence, check first whether your home needs one: which homes in England must hold an HMO licence.