Quick summary: If your landlord rented out an unlicensed HMO (or committed certain other housing offences), you can apply to the First-tier Tribunal for a Rent Repayment Order (RRO) to recover up to 12 months of rent you paid during the offence period. You do not need a lawyer, you do not need to move out first, and the landlord does not need to have been convicted. This guide explains who qualifies, how to apply, what the Tribunal considers, and what you can realistically expect.

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal order from the First-tier Tribunal (Property Chamber) requiring your landlord to repay rent to you. RROs were introduced by the Housing Act 2004 and expanded by the Housing and Planning Act 2016 (sections 40–52).

An RRO can require repayment of up to 12 months’ rent — not just a token amount, but potentially thousands of pounds. The purpose is simple: landlords who break housing laws should not profit from the rent they collected while doing so.

What Offences Qualify for an RRO?

You can apply for an RRO if your landlord committed any of these offences (section 40(3), Housing and Planning Act 2016):

The most common basis is operating an unlicensed HMO.

The most common basis is operating an unlicensed HMO.

Do You Need the Landlord to Be Convicted?

No. The Tribunal must be satisfied “beyond reasonable doubt” (the criminal standard of proof) that the offence was committed — but the landlord does not need to have been prosecuted or convicted. You prove the offence yourself in the Tribunal hearing.

For unlicensed HMO cases, this typically means proving:

1. The property was an HMO (3+ people, 2+ households, shared facilities)

2. It required a licence (mandatory, additional, or selective licensing applied)

3. There was no licence in force during the period claimed

4. The landlord does not have a valid defence

The “Duly Made” Defence

Landlords have a statutory defence under section 72(4)(b) of the Housing Act 2004 if they can show:

• A licence application had been “duly made” (properly submitted), and

• The application had not yet been determined or withdrawn

This is a contested area. Key questions include:

• Does “duly made” mean merely submitted, or must the application be complete and valid?

• What if the application was submitted but missing documents?

• What is the exact date the application was “duly made” vs when the licence was formally granted?

This matters for the RRO period. If a landlord applied in July 2025 and the licence was granted in September 2025, the landlord may argue the unlicensed period ended in July (when the application was “duly made”), not September (when it was formally granted). Tenants may argue the opposite.

Time Limits: When to Apply
You must apply within 12 months of the date the offence was committed (section 41(2), Housing and Planning Act 2016).

• You can only claim rent paid during the offence period — not before it started or after it ended

• The maximum claim is 12 months of rent payments

• If the offence lasted longer than 12 months, you claim the most recent 12 months

How Much Can You Get?

Maximum: 12 Months’ Rent
The Tribunal can award up to 12 months’ rent paid during the offence period.

When the Tribunal Must Award the Maximum
The Tribunal must award the full amount when:

• The landlord has been convicted of the offence or received a financial penalty (civil penalty), and

• The application is made by the local authority

When the Tribunal Has Discretion
In most tenant applications (where the landlord has not been convicted), the Tribunal has discretion over the amount. It must consider:

• Financial circumstances of the landlord — can they afford to pay?

• Conduct of the landlord — did they know about the licensing requirement? Did they try to comply?

• Whether the landlord has been convicted of an RRO-qualifying offence

• Conduct of the tenant — were you a model tenant or part of the problem?

• Seriousness of the offence — the Upper Tribunal in Ficcara v James [2023] said failure to licence an HMO is “not one of the most serious RRO offences,” suggesting lower awards may be appropriate compared to, say, illegal eviction

Deductions
The Tribunal may deduct:

• Utilities included in the rent that the landlord paid for (gas, electricity, water, council tax, broadband)

• Adjustments for particularly good or bad landlord conduct

• Adjustments for tenant conduct

Housing Benefit and Universal Credit: A Critical Distinction

If part of your rent was paid by Housing Benefit or the Universal Credit housing costs element, you may not be able to reclaim that portion yourself.

If you receive UC and pay the landlord yourself, the rent is treated as paid by you. If Housing Benefit was paid directly to the landlord, that amount belongs to the council’s claim.

This distinction is crucial for tenants on benefits. If you receive UC and pay the landlord yourself, the rent is treated as paid by you. If Housing Benefit was paid directly to the landlord, that amount belongs to the council’s claim.

How to Apply: Step by Step

1. Confirm the property should be licensed

   • Check your council’s public licensing register (most are searchable online)

   • Submit a Freedom of Information (FOI) request asking for the licensing status and dates

   • Check whether mandatory, additional, or selective licensing applies in your area
     
     

2. Gather evidence

   • Tenancy agreement

   • Rent payment records (bank statements showing monthly payments)

   • Council licensing register results or FOI response

   • Any correspondence with the landlord about the property’s status

   • Evidence of the number of occupants and households (to prove HMO status)
     
     

3. Apply to the First-tier Tribunal

   • Application is to the First-tier Tribunal (Property Chamber)

   • Use the Tribunal’s application form (available on GOV.UK)

   • Fee: typically £100–£300 (much less than county court)

   • You do not need a solicitor — the Tribunal is designed for litigants in person
     
     

4. Attend the hearing

   • Hearings can be in person or remote (video)

   • Less formal than court but you still need to present your evidence clearly

   • The burden of proof is on you — beyond reasonable doubt

RRO as a Counterclaim in Possession Proceedings
If your landlord has brought Section 8 possession proceedings and is claiming rent arrears, an RRO claim (or the prospect of one) is a powerful bargaining tool:

• The RRO amount can be used as an equitable set-off against arrears

• If your RRO claim exceeds the arrears, the net position favours you

• Even if pursued separately in the Tribunal, it demonstrates the landlord’s unlawful conduct

The Renters’ Rights Act 2025: 24-Month RRO?
The Renters’ Rights Act 2025 includes provisions to extend the maximum RRO from 12 months to 24 months. However, this change is prospective — the implementation date has not yet been confirmed. It is expected to align with the broader Act commencement (from May 2026), but check the latest implementation roadmap.

How Caira Can Help
Caira can help you navigate the RRO process:

• Check licensing status: Understand whether your property should be licensed

• Calculate your claim: Work out the maximum RRO based on rent paid and offence dates

• Draft your application: Prepare a structured Tribunal application

• Understand the “duly made” defence: Assess whether the landlord’s defence is likely to succeed

• Prepare for the hearing: Organise your evidence and arguments

£15/month. Free 14-day trial. No credit card required.

Try Caira free →

Disclaimer: This article is general information, not financial, tax, or legal advice.