A rent repayment order (RRO) lets a tenant recover rent from a landlord who has committed certain housing offences, without waiting for a prosecution. The statutory chapter in the Housing and Planning Act 2016 is marked as applying to England and Wales, but the Government’s tenant guidance cited below applies to England, and this guide follows that guidance. Tenants in Wales should check the Welsh rules separately.
What an RRO is
GOV.UK guidance for private tenants describes an RRO as an order that lets a tenant receive up to two years’ worth of rent from a landlord who has committed a listed offence. The application goes to the Property Chamber of the First-tier Tribunal, which the guidance describes as less formal than a regular court. Under section 43 of the 2016 Act the Tribunal may make an order if satisfied beyond reasonable doubt that the landlord committed an offence, and this applies whether or not the landlord has been convicted.
Which offences count
The GOV.UK offences guidance lists ten. They include running an unlicensed house in multiple occupation or an unlicensed house in a selective licensing area (sections 72(1) and 95(1) of the Housing Act 2004), failing to comply with an improvement notice or prohibition order, illegal eviction and harassment under the Protection from Eviction Act 1977, violence to secure entry, breach of a banning order, and three offences under section 16J of the Housing Act 1988. Those last three relate to knowingly or recklessly misusing a possession ground, letting or marketing a property within twelve months of using the “moving in” or “selling” ground, and continuous breach of certain tenancy reform requirements. For background on licensing, see our HMO licensing guide.
Time limit and the 1 May 2026 change
The guidance states that for offences committed before 1 May 2026 different rules apply: the maximum repayable is one year’s rent rather than two years’, and the application must be made within one year of the offence rather than two. For later offences a tenant may apply within two years. Section 41(2)(b) of the 2016 Act now reads “2 years”, the amendment having taken effect on 1 May 2026 through the Renters’ Rights Act 2025. Applications for offences 8 and 9 in the list can still be made after the tenant has moved out.
Who can be named
An order can be made against a landlord, whether immediate, superior or a company, against a director, manager or similar officer of a company landlord, or against a licensor. The guidance says a letting or managing agent should not be named because an RRO cannot be made against them, and that rent can be recovered even if it was paid to an agent. Where several landlords are found to have committed the offence they are jointly and severally liable for the full amount.
What can be recovered
The maximum is two years’ rent paid. For one-off offences such as illegal eviction the period ends with the date of the offence, and for ongoing offences such as licensing failures the period is the time the offence was continuing. Rent paid through Housing Benefit or Universal Credit cannot be claimed by the tenant; the guidance says a council may apply for that part. The Tribunal decides the final figure. It considers the landlord’s conduct, the tenant’s conduct and previous convictions, financial penalties or RROs. Where the landlord has previously faced formal enforcement for the same offence, or has already been convicted or penalised for it, the guidance says the Tribunal must set the maximum unless there are exceptional circumstances.
Preparing an application
Applications are made on form RRO1. The tenant carries the burden of proof and should compile an applicant bundle, because the Tribunal may refuse evidence not included in it. Councils may be able to supply licensing and enforcement information. An application fee is due at the start and a hearing fee if a hearing is listed. If successful, the landlord is usually given a maximum of 28 days from the decision to pay. The guidance also says a landlord cannot evict a tenant for applying for an RRO, though tenants who fear damaging the relationship may choose to apply after moving out, within the time limit.
FAQs
Does the landlord need to have been convicted?
No. Section 43 says the Tribunal may act whether or not the landlord has been convicted, but the offence must be proven beyond reasonable doubt.
Can I apply after moving out?
Yes, provided the application is within the time limit. The guidance says a tenant does not need to be living in the property when applying.
Can I claim rent paid by Universal Credit?
Not personally. The guidance says the housing element paid through Housing Benefit or Universal Credit can only be recovered by the council.
Can I name my letting agent?
No. The guidance says an RRO cannot be made against a letting or managing agent, so the landlord or other eligible person should be named.
The bottom line
A rent repayment order gives private tenants in England a route to recover rent from a landlord who has committed a listed offence, with a two-year time limit and a two-year maximum for offences committed from 1 May 2026. The tenant must prove the offence to the criminal standard, name the right respondent and gather evidence for the Tribunal. This is general information, not legal advice on a specific tenancy.
Sources
- GOV.UK, “Rent Repayment Orders: guidance for tenants”
- GOV.UK, “Rent Repayment Orders offences: guidance for tenants”
- legislation.gov.uk, “Housing and Planning Act 2016, section 43: Making of rent repayment order”
- legislation.gov.uk, “Housing and Planning Act 2016, section 41: Application for rent repayment order”