Rent Repayment Orders: How to Claim and How Landlords Respond

Last reviewed: 15 October 2026 — England

General information only. This article describes the law in England as at the date shown above. It is not legal advice and is not a substitute for advice on your case. For independent advice, contact a Law Centre, Citizens Advice or Shelter England. Landlords should take advice from a solicitor before responding to an application.

Who Can Apply and Against Whom

Applicants

"Tenancy" includes a licence (s.56), so licensees in shared houses can apply.

A council's notice of intended proceedings must explain why it proposes to apply, state the amount sought and allow at least 28 days for representations. It cannot be given more than 2 years after the offence, or 12 months for an offence committed before 1 May 2026 (s.42(2), (5); SI 2026/421 reg.11). A council must consider applying when it learns of a conviction for a listed offence in its area (s.48), and it may help a tenant apply, including by conducting the proceedings (s.49).

A tenant cannot claim rent paid through universal credit; it is deducted (s.44(3)). Only the council can recover that element (s.45).

Respondents

Before 1 May 2026, an RRO could be made only against the tenant's immediate landlord, not a superior landlord: Rakusen v Jepsen [2023] UKSC 9. For offences committed on or after 1 May 2026, an order can be made against the landlord or "any superior landlord in relation to such a tenancy" (s.40(1)). That matters in rent-to-rent arrangements.

Two further changes apply to post-1 May 2026 offences:

• Company officers. Where a company landlord's offence was committed with the consent or connivance of a director, manager, secretary or similar officer, that person is treated as having committed it too. For specified offences, including the licensing offences, neglect is enough (s.51A).
• Joint and several liability. An order against more than one landlord must make them jointly and severally liable. A later order for the same tenancy cannot cover a period an earlier order already covered (s.46A).

GOV.UK's tenant guidance says letting and managing agents should not be named as respondents, because an RRO cannot be made against them.

---

The Offences

Improvement notice and prohibition order offences count only where the hazard was in the premises let to the tenant, not, for example, the common parts (s.40(4)). The Renters' Rights Act 2025 also provides for landlord redress scheme and Private Rented Sector Database offences to be added; those additions were not in force on 15 October 2026 (SI 2026/421 reg.3(h)).

Licensing offences after 1 May 2026

Many applications concern licensing. From 1 May 2026, where an HMO or a house in a selective licensing area must be licensed but is not, the offence is committed by anyone having control of or managing it, by the landlord or licensor of an occupier, and by any superior landlord or licensor above them (Housing Act 2004 s.72(1), (1A); s.95(1), (1A)).

The defences, which the landlord must raise and prove, are:

• a pending application. A temporary exemption notification or licence application had been duly made and was still effective (s.72(4), s.95(3));
• reasonable excuse for having control of or managing the property, or for being the landlord or licensor (s.72(4A), s.95(3A));
• for superior landlords, not knowing (with a reasonable excuse for not knowing) that licensing applied, taking all reasonably practicable steps to ensure a licence, or some other reasonable excuse (s.72(4B), s.95(3B)).

A term in the tenancy about occupation does not on its own provide a defence (s.72(4C), s.95(3C)). Licensing itself is covered in our separate HMO guide.

---

Time Limits and the Maximum Period

The 1 May 2026 changes have no effect for an offence committed before that date. Where a continuing offence (rows 3 to 7) ran from before 1 May 2026 to on or after it, they have no effect for the part of the period before 1 May 2026 (SI 2026/421 reg.11).

If the offence straddles 1 May 2026, form RRO1 asks for the dates at question 9. Set out which rent falls on each side of the line. The legislation does not spell out how the two periods combine in one order, so do not assume a single 2-year figure; let the Tribunal decide.

An amount offset against rent is treated as rent paid (s.52(2)).

---

The Standard of Proof

The Tribunal may make an order only "if satisfied, beyond reasonable doubt, that a landlord has committed an offence to which this Chapter applies (whether or not the landlord has been convicted)" (s.43(1)). That is the criminal standard. A tenant must prove every element: who the landlord was, that a licence was required (or that the notice, order or eviction happened), and the dates. In licensing cases, the council's licensing register, the scheme designation and evidence of who lived in the property, and when, usually decide the case.

---

How Much the Tribunal Orders

For a tenant's application, the Tribunal must in particular take into account (s.44(4)):

• the conduct of the landlord and the tenant;
• any rent the tenant received for the period in relation to the housing, for example from a subtenant;
• the landlord's financial circumstances;
• whether the landlord has ever been convicted of, or received a financial penalty for, an RRO offence; and
• whether the landlord has ever had an RRO made against them.

In Acheampong v Roman [2022] UKUT 239 (LC) at [20], the Upper Tribunal (Lands Chamber) set out four steps:

1. Ascertain the whole of the rent for the relevant period.
2. Subtract any element for utilities that benefited only the tenant, such as gas, electricity and internet. It is for the landlord to supply evidence of these.
3. Decide how serious the offence was, compared with other RRO offences and other examples of the same offence, and what proportion of the rent reflects that. This is the starting point.
4. Consider whether to add or deduct anything for the other s.44(4) factors.

The same decision records (at [9]–[10]) that under the 2016 Act the landlord's mortgage and maintenance costs are not deducted. It predates the 2025 amendments, which added the factors on rent received by the tenant and previous orders.

When the maximum is mandatory. The Tribunal must order the maximum, ignoring the s.44(4) factors, where the landlord has been convicted of the offence or has a financial penalty for it with no prospect of appeal. The same applies where the landlord has at any time been convicted, penalised or had an RRO made for the same offence, even at another property (s.46(1)–(3)). Unlicensed HMO and unlicensed house offences count as the same offence (s.46(4A)). The Tribunal need not order an amount that would be unreasonable because of exceptional circumstances (s.46(5)).

---

Making the Application: Form RRO1

There is an official form. Source the official form online from GOV.UK: Apply for a rent repayment order: Form RRO1. The current version is RR01_0526v2, last updated on 8 May 2026, and it is used by tenants and councils alike. It has space for more than one applicant, so joint tenants can apply together.

The form's notes say to email it as a Word document to the regional tribunal office in its annex, to serve a copy on the other party, and to enclose evidence of rent paid during the offence period with the tenancy agreement (or a summary of its terms). Councils also enclose evidence of universal credit or housing benefit and their s.42 notice.

Help with Fees (form EX160) may reduce the fee. The Tribunal can order the other party to reimburse fees paid (Property Chamber Rules 2013 r.13(2)).

Is there a landlord's form? We could find none. On 15 October 2026, RRO1 was the only rent repayment order form in either GOV.UK collection of Property Chamber forms, and there is no "RRO2". The landlord answers as the Tribunal's directions require.

---

Directions and the Bundle

After the application is accepted, the Tribunal issues directions. GOV.UK's tenant guidance says these usually require an applicant's bundle, a respondent's bundle from the landlord and, where permitted, an applicant's reply. The Tribunal may refuse to consider evidence that is not in the bundle, so follow the directions in your case on format and deadlines exactly.

Put the rent schedule near the front and cross-refer each payment to a bank statement page. BundleCreator can help you assemble the bundle with an index and consistent page numbering; the evidence remains yours.

---

The Landlord's Answer

Deal with the offence first and the amount second.

On the offence: check the licensing scheme's start date, area and any exemption, and the number of occupiers and households on each date. Was an application or notification still effective? Is there a reasonable excuse (s.72(4A)–(4C), s.95(3A)–(3C))? For harassment under s.1(3A) of the Protection from Eviction Act 1977, were there reasonable grounds (s.1(3B))? Was the respondent actually a landlord, superior landlord or officer within s.51A? Was the offence before 1 May 2026, and was the application in time?

On the amount: produce utility bills if utilities were included in the rent. Evidence good conduct, such as prompt repairs, safety certificates and how the licensing failure was put right. If you rely on financial circumstances, disclose income, outgoings and the property's finances; a bare assertion carries little weight. GOV.UK's tenant guidance lists a late respondent bundle as an example of poor landlord conduct.

For landlords: many rent repayment order claims concern a property that needed a licence and did not have one. ComplyWithMe: Landlord tracks your licensing, gas, electrical, EPC, deposit and Right to Rent deadlines, for England. ComplyWithMe and BundleCreator.co are both published by Steleo Publishing Ltd. ComplyWithMe is not legal advice.

---

Costs

Each side normally pays its own costs. The Tribunal may order costs for wasted costs or where a person has acted unreasonably in bringing, defending or conducting proceedings (Property Chamber Rules 2013 r.13(1)(a)–(b)). An application must be made within 28 days after the Tribunal sends the decision notice that finally disposes of the case (r.13(5)).

---

Appeals

Either party may appeal to the Upper Tribunal on a point of law, with permission (Tribunals, Courts and Enforcement Act 2007 s.11).

1. Apply to the First-tier Tribunal first. The written application must be received within 28 days after it sends written reasons, and must identify the decision, the grounds and the result sought (Property Chamber Rules 2013 r.52(2), (5)). The Tribunal first considers whether to review its decision (r.53(1)).
2. If refused, apply to the Upper Tribunal (Lands Chamber) within 14 days after notice of the refusal was sent (Upper Tribunal (Lands Chamber) Rules 2010 r.21(2)).

An appeal is not a rehearing of the evidence.

---

Enforcing an Order

An amount payable under an RRO is recoverable as a debt (HPA 2016 s.47(1)), and a First-tier Tribunal award made in England and Wales is recoverable as if payable under a County Court or High Court order (TCEA 2007 s.27(1)).

If the landlord does not pay by the date set, apply to the County Court for a specific method of enforcement, filing a copy of the decision and the information required by Practice Direction 70 (CPR 70.5(2A)). The HMCTS form for enforcing a decision that does not need the court's permission is Form N322B. GOV.UK's tenant guidance refers to Form N322A instead, so check with the County Court hearing centre which form it wants. Each enforcement method has its own court fee; see the HMCTS fees list EX50.

---

Frequently Asked Questions

Can I apply after I have moved out?

Yes, within the time limit. For an offence under s.16J(1) or (2) of the Housing Act 1988, the housing need not even have been let to you at the time of the offence (s.41(2A)).

Will the Tribunal deduct the landlord's mortgage?

No. Mortgage and maintenance costs are not deducted (Acheampong). Utilities that benefited only the tenant usually are.

Can my landlord evict me for applying?

GOV.UK's tenant guidance says a landlord cannot evict a tenant because they applied for an RRO. For an assured tenancy, the landlord needs a ground in Schedule 2 to the Housing Act 1988, and relying on a ground knowing, or being reckless as to whether, it could not succeed is an RRO offence where the tenant then gives up the tenancy within four months without a possession order (s.16J(1)).

---

Authoritative Sources

---

BundleCreator's Property Chamber subsite at /property-chamber covers bundles for residential property applications to the First-tier Tribunal.

Nothing in this article is legal advice or a substitute for it. The information here describes the law as it stands at the date shown; the law and procedure may change. For independent advice, contact Citizens Advice, Shelter England or your local Law Centre.