Rent Repayment Order (RRO)
A rent repayment order (RRO) is an order made by the First-tier Tribunal (Property Chamber) requiring a landlord who has committed a qualifying housing offence to repay rent, housing benefit, or the housing costs element of Universal Credit to the tenant or local authority that paid it. Under the Housing and Planning Act 2016, as amended by the Renters' Rights Act 2025, an RRO can require repayment of up to two years' rent for offences committed on or after 1 May 2026. No criminal conviction is required for an RRO to be granted.
Which offences trigger 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, and include letting an unlicensed HMO or failing to comply with an improvement notice. The full list of offences for which an RRO can be made on or after 1 May 2026 covers:
Unlicensed letting - operating an HMO without a mandatory or additional licence, or letting a property in an area with selective licensing without the required licence
Failure to comply with a notice or order - non-compliance with an improvement notice, a prohibition order, or a remedial notice under Awaab's Law
Illegal eviction or harassment - unlawfully evicting a tenant or harassing them to leave, under section 1 of the Protection from Eviction Act 1977
Violence to secure entry - using or threatening violence to enter a property under section 6 of the Criminal Law Act 1977
Breach of a banning order - letting or managing a property in contravention of a banning order made under section 21 of the Housing and Planning Act 2016
Misuse of a possession ground - knowingly or recklessly relying on a false or inapplicable ground for possession under the Renters' Rights Act 2025
Breach of the Private Rented Sector Database - providing false information to or failing to comply with the landlord registration requirements
Serious breach of rental standards - serious or persistent non-compliance with the Decent Homes Standard or Awaab's Law requirements
Licensing offences are treated as strict liability: a landlord cannot avoid an RRO by claiming ignorance of the requirement to hold a licence.
Who can apply?
A tenant or former tenant can apply for an RRO if the offence relates to housing they occupied at the time and was committed within the two years before their application. A local housing authority can apply where rent was paid through housing benefit or the housing costs element of Universal Credit; where only part of the rent was paid by benefits, the authority and tenant can apply simultaneously, with the award apportioned between them. Applications are made to the First-tier Tribunal using form RRO1.
How much can be recovered?
For offences committed on or after 1 May 2026, the tribunal can order repayment of up to two years' rent. For offences committed before 1 May 2026, the cap remains at 12 months and the application window was 12 months from the offence. The tribunal determines the exact amount by weighing the seriousness of the offence, the landlord's conduct and financial circumstances, whether the landlord has been convicted of or penalised for the same offence before, and the conduct of the tenant. Where a landlord has previously been subject to enforcement action for the same offence, the Renters' Rights Act 2025 requires the tribunal to award the maximum amount.
The proof standard
The tribunal must be satisfied beyond reasonable doubt that the landlord committed the qualifying offence, this is the criminal standard of proof, even though an RRO is a civil order. A landlord does not acquire a criminal record as a result of an RRO; the order is enforceable as a debt in the county court.
What the Renters' Rights Act 2025 changed
The Renters' Rights Act 2025 significantly strengthened the RRO regime from 1 May 2026 in four respects. First, the maximum repayable period doubled from 12 months to two years, increasing the financial deterrent. Second, the time limit for applications extended from 12 months to two years from the date of the offence. Third, RROs can now be made against superior landlords and company directors, overturning the Supreme Court decision in Rakusen v Jepsen [2023], which closes the rent-to-rent loophole where an intermediate company received rent but the property-owning landlord previously fell outside the RRO regime. Fourth, repeat offenders must pay the full maximum amount if the tribunal finds they have committed the same type of offence again after a prior enforcement action.
For a broader overview of how the Renters' Rights Act 2025 changes the enforcement landscape for landlords, see the August post commencement guide to the Renters' Rights Act.
From working with self-managing landlords across the UK, the most common source of RRO exposure is unlicensed letting, particularly in areas with additional or selective licensing where landlords are unaware that a local scheme applies to their property. Landlords who maintain an accurate, timestamped compliance record through August's compliance checklist are better placed to demonstrate they were not in breach and to challenge any application that relies on disputed dates.
A landlord subject to an RRO may also face a banning order, which prevents them from letting or managing residential property. The two sanctions can be pursued independently for the same offence.
Statutory context
Rent repayment orders are governed by Chapter 4 of Part 2 of the Housing and Planning Act 2016, as amended by the Renters' Rights Act 2025. The government's official guidance for tenants on how to apply is published at gov.uk/guidance/rent-repayment-orders-guidance-for-tenants. Statutory guidance for local authorities is published separately. All references above reflect the law in England as of 1 May 2026.
Frequently asked questions
Can a landlord defend against a rent repayment order?
Yes. A landlord can challenge the application by arguing that the alleged offence was not committed, that the evidence does not meet the beyond reasonable doubt standard, or that the amount claimed is disproportionate given the circumstances. The tribunal takes the landlord's financial position and the context of the breach into account when setting the award. Where a landlord successfully resolves an improvement notice before an application is made, this may reduce the amount awarded rather than defeat the application entirely. Landlords served with an RRO application should seek legal advice promptly.
Does a rent repayment order go on a landlord's criminal record?
No. An RRO is a civil order, not a criminal conviction. The landlord does not receive a criminal record as a result of an RRO. However, the tribunal's finding that the offence was committed is on the public record and may be taken into account in any subsequent enforcement action, including an application for a banning order or a further RRO for the same type of offence, at which point the Renters' Rights Act 2025 requires the maximum award to be made.
What is the time limit for applying for a rent repayment order?
For offences committed on or after 1 May 2026, a tenant or local authority must apply within two years of the offence. For continuing offences, the two-year period runs from the last date on which the offence was committed. For offences committed before 1 May 2026, the previous 12-month time limit applies. Applicants should not delay, as the tribunal takes the period of rent paid during the offence into account when calculating the award, a late application reduces the recoverable amount.
All statutory references reflect the law in England as of 1 May 2026. Different rules apply to offences committed before that date. This definition does not constitute legal advice.
