Your rights
Rent repayment orders: how to get rent back from a landlord
A rent repayment order is a tribunal order that makes a landlord pay back rent when they have committed certain offences, such as letting an unlicensed HMO or evicting you illegally. For an offence on or after 1 May 2026 you can claim up to 2 years’ rent, and you have 2 years to apply. The landlord doesn’t need to have been convicted.
England only · Checked against legislation.gov.uk and GOV.UK on 23 October 2026 · Independent
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Check a property freeThe offences that count
You can only get a rent repayment order for the offences in this list, committed by a landlord in relation to a home in England that they let. The last column is the rent the order can cover for an offence on or after 1 May 2026.
| Offence | Law | Rent it can cover |
|---|---|---|
| Using or threatening violence to get into the home | Criminal Law Act 1977, s.6(1) | The 2 years before the offence |
| Illegal eviction or harassment | Protection from Eviction Act 1977, s.1(2), (3) or (3A) | The 2 years before the offence |
| Knowingly or recklessly misusing a ground for possession (new from 1 May 2026) | Housing Act 1988, s.16J(1) | The 2 years before the offence |
| Re-letting or marketing the home within a year of using the moving-in or selling ground (new from 1 May 2026) | Housing Act 1988, s.16J(2) | The 2 years before the offence, or before your tenancy ended if that was earlier |
| Carrying on breaking the new tenancy rules more than 28 days after a council fine for it (new from 1 May 2026) | Housing Act 1988, s.16J(3) | Up to 2 years while the offence went on |
| Not doing the work in an improvement notice | Housing Act 2004, s.30(1) | Up to 2 years while the offence went on |
| Breaking a prohibition order | Housing Act 2004, s.32(1) | Up to 2 years while the offence went on |
| Letting an HMO that needs a licence without one | Housing Act 2004, s.72(1) | Up to 2 years while the offence went on |
| Letting a home that needs a selective licence without one | Housing Act 2004, s.95(1) | Up to 2 years while the offence went on |
| Letting or managing homes while banned | Housing and Planning Act 2016, s.21 | Up to 2 years while the offence went on |
The three Housing Act 1988 offences came in with the Renters’ Rights Act on 1 May 2026. The Act also adds offences about landlord redress schemes and the new landlord database, but those are not in force yet. An improvement notice or prohibition order only counts if it was about a hazard in the home you rent, not the common parts of the building.
What is a rent repayment order?
An order from the First-tier Tribunal (Property Chamber) that makes a landlord pay back rent because they committed certain offences, such as letting an unlicensed HMO, ignoring an improvement notice, or evicting a tenant illegally. It applies to homes in England. A tenant or the council can apply.
Does the landlord need to have been convicted?
No. The tribunal can make an order whether or not the landlord has been convicted or fined. But it must be sure, beyond reasonable doubt, that the landlord committed the offence. That is the criminal standard of proof, and it is up to you to prove every part of the offence.
How much rent can I get back?
For an offence on or after 1 May 2026, up to 2 years’ rent. For an offence before then, up to 12 months’ rent. Which 2 years depends on the offence: see the table above. You can’t claim rent that Universal Credit or Housing Benefit paid. The tribunal decides the final amount, and it can be less than the maximum.
Is there a time limit?
Yes. For an offence on or after 1 May 2026, you must apply within 2 years of the offence. For an offence before 1 May 2026, the limit is 12 months. An ongoing offence, such as an unlicensed HMO, counts if it was still going on at some point in that time.
Can I apply after I have moved out?
Yes. You don’t have to be living there or still paying rent. You must have been the tenant when the offence happened, unless the offence was misusing a possession ground or re-letting the home after using the moving-in or selling ground: for those two you can apply even if it happened after you left.
Who can I claim against?
Your landlord, even if you paid rent to an agent or someone else. For offences from 1 May 2026, you can also claim against a superior landlord, such as the owner in a rent-to-rent arrangement, and against the directors of a company landlord in some cases. A letting or managing agent can’t be the respondent. If more than one landlord is ordered to pay, each is liable for the full amount.
How much does it cost to apply?
The application fee is £114, and a hearing fee of £227 is due if the tribunal sets a hearing. You may be able to get help with fees. You can ask the tribunal to order the landlord to repay your fees.
What if the landlord doesn’t pay?
The tribunal usually gives the landlord 28 days. If they don’t pay, the money is a debt you can recover: GOV.UK says you can register the tribunal decision with the county court as a County Court Judgment, free, and then use enforcement such as county court bailiffs.
Offences before 1 May 2026
The old rules still apply to an offence committed before 1 May 2026. The most you can get is 12 months’ rent, you must apply within 12 months of the offence, and you can only claim against your own landlord, not a superior landlord or a company director. If an ongoing offence, such as an unlicensed HMO, started before 1 May 2026 and carried on after it, the old rules apply to the part before 1 May 2026. The application form asks you for the dates.
If Universal Credit or Housing Benefit paid some of your rent
You can only claim the rent you, or someone else for you, paid that wasn’t covered by Universal Credit or Housing Benefit. If benefits paid a third of your rent, you can claim the other two thirds. The council can apply separately for the part benefits paid, and that money goes to the council. You can apply at the same time as the council and share evidence.
How the tribunal decides the amount
The tribunal must, in particular, take into account:
- how the landlord and the tenant behaved, for example disrepair the landlord ignored, or rent arrears
- any rent you received for the home, for example from a subtenant or lodger
- the landlord’s financial circumstances
- whether the landlord has ever been convicted of, or fined for, one of these offences
- whether the landlord has had a rent repayment order before
The tribunal must award the maximum if the landlord has been convicted of the offence, or fined for it with no appeal left, or has been convicted, fined or had a rent repayment order for the same offence before, even at a different home. The only exception is where exceptional circumstances would make that unreasonable.
How to apply
- Fill in Form RRO1 from GOV.UK. Name each landlord you are claiming against, the offence, the rent each applicant paid for the period and whether benefits paid any of it. Joint tenants can apply on one form, with one lead applicant.
- Email it, as a Word document, to the regional tribunal office listed at the end of the form, with your tenancy agreement and your rent records. You can post it if you can’t use email, but it may be slower.
- Pay the £114 application fee when the tribunal asks, or apply for help with fees.
- Follow the tribunal’s directions. You will usually send a bundle of all your evidence; the landlord sends theirs.
- Go to the hearing, if there is one, and pay the £227 hearing fee. The decision usually comes in writing afterwards.
Your council can help you apply, and must consider applying itself if your landlord has been convicted of one of these offences for a home in its area. GOV.UK’s guidance for tenants lists not-for-profit groups that run cases and charge only if you win.
Evidence to gather
- Your tenancy agreement. If you don’t have one, the form asks you to explain.
- A month-by-month table of the rent you paid for the period you are claiming, with bank statements or a banking app report to prove it. Cash withdrawals and messages arranging collection can back up cash payments.
- Proof of the offence. For an unlicensed home, ask the council in writing whether it was licensed, and keep its reply. For an improvement notice or prohibition order, get a copy from the council.
- Who lived in the home and when: witness statements from other tenants, their tenancy agreements or deposit protection certificates. This matters for an HMO, which depends on how many people lived there.
- Messages, emails, photos of disrepair and anything else showing how the landlord behaved.
- Who the landlord is: the title register from HM Land Registry for the owner, and Companies House for a company and its directors.
The landlord only has to raise reasonable doubt, so prove every part of the offence. GOV.UK’s offences guidance for tenants sets out what to show for each one. You can also search published tribunal decisions for your landlord’s name.
Check the home before you rent
An order comes after the harm. It is easier to spot an unlicensed home before you sign. Use our property licence checker and guide to HMO licences, see what you can check about a landlord, and know your rights if your landlord tries an illegal eviction.
Where this comes from
The Housing and Planning Act 2016, Part 2, Chapter 4: sections 40 (offences), 41 (who can apply and the time limit), 43 (proof), 44 and 45 (amount), 46 (maximum awards), 47 (enforcement), 49 (council help) and 51 (Housing Benefit). The Renters’ Rights Act 2025, sections 98, 103 and 104, brought into force on 1 May 2026 by SI 2026/421, regulation 3, with regulation 11 keeping the old rules for earlier offences. GOV.UK’s guidance for tenants, offences guidance, guidance for local authorities and Form RRO1 (fees).
This guide covers common private tenancies in England and is general information, not legal advice. Different rules apply in Scotland, Wales and Northern Ireland, and to lodgers, social housing and some specialist accommodation. RenterCheck is independent and not connected with the tribunal or any council.
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