Rent repayment orders
Introduction
First introduced in 2004, rent repayment orders (RRO) were an additional measure used to penalise landlords for HMO licensing offences. This was only available in very limited circumstances though. Tenants, for example, could only take action once the landlord had been convicted of the criminal offence of operating an HMO without a licence, or that the relevant local authority had secured a rent repayment order for Housing Benefit payments.
In practice, this limited the potential number of rent repayment orders as the tenants had to rely on the local authority to take action before they could seek compensation, and were also limited to a maximum of the previous 12 month's rent prior to making the order, preventing tenants who had moved out prior to conviction from applying.
The Housing and Planning Act 2016 has significantly increased the scope for rent repayment orders, and these changes will form the bulk of this guide.
Renters’ Rights Bill
The Renters' Rights Bill is expected to come into force in summer 2025, making the most significant changes to the private rented sector in over 30 years.
Amongst other things, the Bill will -
• Abolish Section 21;
• Change the type of tenancy you can offer;
• Introduce a new Decent Homes Standard to the PRS;
• Change advertising practices; and
• Significantly strengthen local authority enforcement powers.
The advice and resources on this page will be outdated once the Bill comes into force. The NRLA is currently preparing a suite of replacement guides and documents to help you manage the transition smoothly.
For further information on the passage of the Bill and its details, please see our dedicated campaigns hub
What are rent repayment orders?
Rent repayment orders are a means by which a tenant or local authority can seek to have up to 12 months of rent, Housing Benefit, or Universal Credit repaid. Usually this in addition to other fines. This method is available to the local authority or tenants, where they can prove beyond reasonable doubt that the landlord is guilty of one of the qualifying offences. It is limited to money paid by the body or person making the application.
Who can issue a rent repayment order?
The Residential Property Tribunal deals with applications for rent repayment orders.