How to Apply for a Rent Repayment Order

How to Apply for a Rent Repayment Order: A Step-by-Step Guide for UK Tenants

Introduction

Have you ever felt frustrated by a landlord who ignores your calls about a broken window, leaky roof, or persistent damp? Maybe you’ve discovered your property is not properly licensed? If you’re feeling like your living situation isn’t up to scratch and your landlord is not responsive, you’re not alone. Many tenants across the UK find themselves in similar, unfair situations. It can feel like you have nowhere to turn and that you have to put up with unsafe or illegal living conditions.

But what if you didn’t have to? What if you could take action and hold your landlord accountable for their neglect or misconduct? That’s where the concept of a Rent Repayment Order (RRO) comes in.

This blog post is designed to serve as your comprehensive guide on how to apply for a Rent Repayment Order. We understand that the idea of legal processes can be overwhelming, so we’ve broken it down into simple, step-by-step instructions, specifically for tenants in England. Whether your landlord is operating an unlicensed property, ignoring vital repairs or has illegally evicted you, this guide will outline everything you need to know to start a Rent Repayment Order application.

We know that dealing with an irresponsible landlord can be stressful and disheartening, but it’s important to remember that you are not powerless. There are steps you can take to protect your rights and potentially recover rent you’ve paid under illegal circumstances. This guide will empower you to understand your rights and provide the information you need to take action. Let’s get started.

Section 1: Understanding Rent Repayment Orders

What is a Rent Repayment Order?

In simple terms, a Rent Repayment Order (RRO) is a legal order that can be made against a landlord who has committed certain housing-related offenses. If a tribunal or court grants an RRO, your landlord may be required to repay you a portion or even all of the rent you’ve paid during the period when the offense occurred. It’s not a magic fix for every landlord issue, but it is a powerful tool available to tenants who have been wronged. A successful Rent Repayment Order application can provide compensation for illegal or substandard living arrangements.

Why Would You Apply for an RRO?

There are several reasons why you might consider applying for a Rent Repayment Order. It’s usually when a landlord has seriously broken housing laws. Some common examples that would apply to Sarah, and which can make a Rent Repayment Order application valid include:

Unlicensed Property: This is one of the most frequent reasons for an RRO claim. If your landlord has failed to obtain the necessary license for a House in Multiple Occupation (HMO), or any other property license they are legally required to have, you may be eligible. This means they are operating outside of the law, potentially putting you at risk.
Illegal Eviction: If your landlord has forced you to leave your home without following the proper legal eviction process, you could apply for a Rent Repayment Order. Landlords must serve a notice period and apply to court in order to lawfully evict a tenant. Any other action by a landlord to force a tenant out of their home is considered illegal.
Failure to Carry Out Repairs: Landlords have a responsibility to keep your property in good repair and safe to live in. If they repeatedly ignore your requests to fix serious issues that affect your safety, health or comfort, this could lead to a successful claim.

In each of these instances, applying for a Rent Repayment Order is not just about getting your money back. It’s about holding your landlord accountable for their unlawful behavior and ensuring that they respect your rights as a tenant.

Who Can Apply for a Rent Repayment Order?

The criteria for applying for a Rent Repayment Order are based on the specific offense that the landlord committed. To summarize, you may be able to apply for a Rent Repayment Order if:

You are (or were) a tenant paying rent to a landlord
Your landlord committed one of the specific offences listed in the Housing Act 2004
The property is in England

If these apply to you, then you should read on to see if your case meets the criteria. The next sections will detail all the steps you need to take in order to apply for a Rent Repayment Order.

Section 2: Key Eligibility Criteria & Evidence Needed

Landlord Licensing

As a landlord, there are certain legal responsibilities that must be met when letting a property to a tenant. These laws are designed to ensure your safety and the safety of your home.

A landlord’s responsibilities include:

Ensuring your property is safe and in good repair.
Dealing with repairs in a timely manner.
Ensuring your property has all the legally required safety certificates.
Protecting your tenancy deposit in a government approved scheme.
Following the proper legal process when trying to evict a tenant.
Complying with all relevant housing legislation.

A landlord license is a legal requirement for certain types of properties in England. The most common example is a House in Multiple Occupation (HMO) license. If a property meets the criteria of an HMO, then the landlord must be licensed by the local council.

You can check if a property needs an HMO license with your local council. A property will usually need a license if:

5 or more people live there.
They form more than one household.
They share basic amenities like a kitchen or bathroom.

It’s important to note that in some areas of the country, the requirement for an HMO license has been extended to include smaller properties that house just three or four people. Landlords are responsible for ensuring they adhere to any licensing conditions imposed by their local council.

Some forms of landlord conduct are never acceptable. These include:

Entering a property without giving 24 hours notice.
Harassing a tenant in anyway.
Ignoring repairs that pose a risk to a tenant’s safety or comfort.
Illegally evicting a tenant.

Specific Grounds for Applying

As highlighted earlier, there are a few main reasons you may be able to apply for a Rent Repayment Order. Let’s explore these in more detail:

Unlicensed Property: If your landlord is letting an HMO and does not have the proper license for it, you have a solid reason to apply for a Rent Repayment Order. This is a serious offense and often puts tenants at risk, as there are no safety checks or regulations that apply to the property.
Unlawful Eviction: An illegal eviction occurs when your landlord forces you to leave your property without following the legal procedures, such as serving notice and applying to a court for a possession order. It could include:
- Changing the locks while you are not home.
- Threatening or harassing you until you leave.
- Cutting off your utilities to make the property unliveable.
- Forcing you to leave without a proper court order.
If you have been illegally evicted, you should also seek help from your local council. The government website also provides information on illegal evictions: https://www.gov.uk/evicting-tenant-how-to-do-it-lawfully
Breaches in Tenancy Regulations: Other common breaches may also result in a successful Rent Repayment Order application. These include:
- Failing to protect your tenancy deposit in a recognised scheme.
- Ignoring a hazard in your property.
- Failing to provide you with a gas safety certificate.
- Failing to provide you with an energy performance certificate.
- Not providing you with information about the landlords identity or contact details.

What Evidence Do You Need?

When applying for a Rent Repayment Order, solid evidence is critical. The more robust your evidence, the higher your chance of success. Here’s what you need to gather:

Photos/Videos of Disrepair: Take clear photos and videos showing the problems in your home. Examples include a broken window, persistent damp or mould, broken amenities or any other issues that prove your home is not fit to live in.
Communications with Your Landlord: Save copies of all emails, text messages, letters, or any other written communication you’ve had with your landlord. This helps show when you notified them of the problems and how they responded (or failed to respond).
Proof of Rent Payments: Keep bank statements showing when you paid the rent, for how much, and to whom.
Proof of Landlord Licensing: If your claim is related to an unlicensed property, you may wish to take photos of the outside of the property, and research your landlords details online on the local council website, to see if they have a license for the property.
Tenancy Agreements and other documentation: Any document or contract that you signed with your landlord may be helpful, such as your Assured Shorthold Tenancy agreement, any inventory lists, or proof of your deposit protection.

Tips for Organizing Evidence:

Keep everything in one place: Save all your documents, photos, and communication in a digital folder or print out hard copies and place them in a folder.
Date everything: Label all documents and pictures with a date so you know when the issue arose.
Make duplicates: Ensure you have copies of all documents and photos, so that you are not left without crucial evidence.

By gathering and organizing your evidence, you are taking a crucial step in preparing your Rent Repayment Order application and strengthening your case against your landlord.

Section 3: Step-by-Step Guide to Applying for a RRO

Now that you have a good understanding of what a Rent Repayment Order is and if your landlord may be in breach of the law, let’s dive into how to actually make an application.

Step 1: Check Your Eligibility

Before you begin the application process, it’s crucial to confirm that your situation meets the criteria for a Rent Repayment Order. This will save you time and effort, and help to ensure that your case has the best chance of success.

Remember, you are most likely to be eligible if:

Your landlord does not have the required license for your property, especially for HMOs.
Your landlord has forced you to leave your home without following legal eviction procedures.
Your landlord is neglecting serious repairs and putting your health and safety at risk.
Your landlord has failed to comply with other important tenancy regulations.

If one or more of these apply to you, then proceed to the next stage.

Step 2: Gathering Your Evidence

As we stressed in the previous section, gathering good quality evidence is essential for a successful Rent Repayment Order application. You need to show the tribunal that your landlord has committed an offence that justifies a financial penalty.

Review the examples of evidence listed in Section 2. Make sure to gather as much evidence as possible and to keep all evidence safe and organized.

Here’s a brief checklist to help you gather your evidence:

[ ] Photos and Videos: Document all issues of disrepair, and proof of an unlicensed property.
[ ] Landlord Communications: Save all texts, emails, and letters to your landlord.
[ ] Payment Records: Collect all bank statements showing rent payments.
[ ] Tenancy Agreements: Gather your contract, deposit scheme paperwork, and any inventory lists.
[ ] Landlord Licensing: Gather evidence of your landlord not having the required license.

(You could also include a link here to a downloadable checklist template or have a checklist as a digital element).

Step 3: Obtaining the Correct RRO Application Form

The next step is to get the correct application form. In England, you will usually need to apply to the First-tier Tribunal (Property Chamber). The forms can usually be found on the government website, or on your local council website.

The form you need will depend on the type of offense you are claiming for. Here are the most common forms you may need:

Application for a Rent Repayment Order (unlicensed HMO): Use this form if your claim relates to an unlicensed House of Multiple Occupation.
Application for a Rent Repayment Order (other offences): Use this form if your claim relates to a breach in tenancy regulations or if your landlord has illegally evicted you.

Make sure you are downloading the correct version of the form and check that it is the most recent copy.

Step 4: Filling in the Application Form

Once you have the correct form, you must fill it in carefully and honestly, providing as much detail as possible. It may help to have all your evidence to hand when completing the form. Here are some tips to help you:

Read the Form Carefully: Don’t rush, take your time to read each section and ensure you understand the question.
Provide Detailed Information: Where possible provide as much detail as you can, including dates, descriptions of what happened and any details that are relevant to your case.
Use the evidence: Be sure to reference any evidence that you have and make reference to this in your application.
Be Honest and Accurate: Always be honest and transparent. If you are found to be dishonest, your application is likely to fail.
Double-Check: Before submitting, review all the information you have given, to ensure that it is accurate and that nothing is missing.

Step 5: Submitting Your Application

Once you have filled in your form, you are ready to submit it to the correct body. Typically this will be the First-tier Tribunal (Property Chamber). You can usually submit your form by email or by post.

After submitting your application, you should receive a confirmation from the tribunal. Ensure you save this confirmation in a safe place as this will be your proof of submission. The tribunal may also ask you for further information, so you must keep all records and details safe.

Step 6: Prepare for a Tribunal Hearing

Once your application has been accepted by the tribunal, you will be given a date for a hearing. It is important to prepare for this hearing so that you feel confident and prepared.

Understand the process: The hearing will usually be fairly informal, however it is important to act respectfully to all members present.
Keep Evidence Safe: Ensure that all evidence you have gathered is in a safe place and that you are able to share this in the hearing.
Representation: All tenants are entitled to representation at a tribunal hearing. Ensure you explore all options and see if you can find free or affordable representation, such as a free legal service or charity.

By following these steps, you can confidently navigate the application process for a Rent Repayment Order and present a strong case against your landlord.

Section 4: Understanding the Process and Outcomes

Applying for a Rent Repayment Order can be a complex process. It’s important to understand the timeline, what to expect at a tribunal hearing, the potential outcomes, and costs. This section aims to provide you with that clarity.

Timeline of the RRO Process

The time it takes for a Rent Repayment Order application to go from submission to a final outcome can vary. However, here’s a general timeline:

Application Submission: After submitting your application, it can take a few weeks to receive confirmation from the tribunal.
Case Review: The tribunal will review your application and the landlord will be notified.
Hearing Date: A hearing will be scheduled by the tribunal, and the time it takes for this can vary, depending on the case load of the tribunal.
Tribunal Hearing: This is where you will present your evidence and argue your case.
Decision: After the hearing, a decision will be made by the tribunal. They may announce the outcome at the hearing, or more commonly, send their decision to you in the post.
Award: If a RRO is granted, this will often outline how and when the money must be repaid to you.

Potential Delays:

The process can be delayed for various reasons, including:

Backlogs: The tribunal might have a backlog of cases.
Complex Cases: More complex cases that require a large amount of evidence might take longer.
Landlord Response: If the landlord contests your application or fails to engage with the process.

Be patient and be sure to keep all your records safe. It can also help to stay in contact with the tribunal if your case is taking longer than usual.

What to Expect at a Tribunal Hearing

A tribunal hearing is a formal, but not always intimidating process. Here’s what you can typically expect:

Setting: The hearing will usually take place in a hearing room, in a similar setting to a court. However, it is often far less formal, and you are not required to dress in any special way.
Participants: The tribunal panel will normally consist of a judge, and one or two other members. You and your landlord (or their representative) will also be present.
Presenting Your Case: You will have an opportunity to present your case. Present your evidence clearly, and be ready to explain your claims against your landlord, as well as how they have negatively affected you. It is important to remain calm and professional at all times.
Landlord Response: The landlord or their representative will also have the opportunity to respond to your claim and present any evidence or defence.
Questioning: The tribunal will likely ask you both questions to get clarity on specific points.
Decision: The tribunal may make their decision on the day, or more likely, will write to you and your landlord within a couple of weeks, outlining the decision and the reasons why.

What Are the Possible Outcomes?

The main purpose of an RRO hearing is to determine if your landlord should pay you back a proportion or all of the rent that you have paid, if they have breached the law. Here are the possible outcomes:

Full or Partial Award: The tribunal can order the landlord to repay you some or all of the rent that you have paid. This amount will be calculated based on a number of factors. The maximum that a tribunal can order your landlord to pay you is 12 months worth of rent.
No Award: If the tribunal determines that your landlord has not committed an offence, then you will not receive a Rent Repayment Order.
Specific Order: In addition to an RRO, the tribunal may also order the landlord to comply with other legal requirements.

How the RRO award is calculated

The exact amount that the tribunal might order your landlord to pay back depends on a number of factors. The tribunal must consider:

The conduct of the landlord.
The seriousness of the offence.
The financial circumstances of the landlord.
The circumstances of the tenant.
The history of compliance (or non compliance) of the landlord.

Potential Costs Involved

It is important to know that there can be costs involved in applying for a Rent Repayment Order. These may include:

Tribunal Fees: There may be an application fee when you file your RRO application.
Legal Representation Costs: If you seek legal representation this may involve costs.
Other costs: There are other potential costs including printing, travel and posting documents.

Recovering Costs: If your application is successful, the tribunal may order your landlord to pay back your fees in addition to your rent. However, this is not guaranteed.

Note: It’s important to note that costs may vary depending on the specific case, and you should always check with the tribunal what the latest fee structure is.

Understanding the process and what to expect will help you feel more confident during the entire Rent Repayment Order application process.

Section 5: Tenant Rights and Further Resources

It’s crucial for all tenants to understand their rights. Knowing your rights will help you make informed decisions and take action when necessary. This section provides a brief overview of key tenant rights and directs you to valuable resources.

Overview of Tenant Rights

As a tenant in England, you have several fundamental rights designed to protect your safety, well-being, and security. Some of your key rights include:

Right to a Safe and Habitable Property: Landlords must provide a property that is safe, structurally sound, and free from serious hazards.
Right to Repairs: Landlords are responsible for maintaining the property and carrying out necessary repairs in a reasonable timeframe.
Right to Information: You have the right to know your landlord’s identity and how to contact them.
Right to Protection from Illegal Eviction: Landlords must follow a strict legal process if they wish to evict you.
Right to a Protected Deposit: Your tenancy deposit must be protected in a government-approved scheme.
Right to quiet enjoyment: You have the right to live in your home without interference from your landlord.

These rights are legally protected and ensure that you should have a safe and secure home to live in. If any of these rights have been violated, you may be able to take legal action against your landlord, including applying for a Rent Repayment Order.

Further External Resources:

For more detailed information on your tenant rights, you can visit these websites:

Shelter: Provides extensive information and advice for tenants in the UK.
Citizens Advice: Offers free and independent advice on a range of housing issues.
Gov.uk – Renting a Home: Government guidance on renting in England.

Where to Get Further Help and Legal Advice

Navigating housing law can be complex. If you need further support, here are some reputable organizations that can assist you:

Shelter: (https://www.shelter.org.uk/) Provides free advice and support on housing issues. You can contact their helpline, use their website, or visit one of their advice centres.
Citizens Advice: (https://www.citizensadvice.org.uk/) Offers free, independent, and impartial advice on a wide range of topics, including housing. You can use their website, call their helpline, or visit one of their advice centres.
Local Law Centres: Many communities have local law centres that provide free or low-cost legal advice. You can find your nearest centre by searching online.
Local Council Housing Department: Your local council may have a dedicated housing team that can offer advice or assistance.
Free Legal Advice Services: Some organisations and charities provide free legal advice. Check your local area to see what services are available to you.

These organizations are staffed with professionals and volunteers who understand housing law and can provide you with the guidance you need. It is important to seek help if you are feeling overwhelmed by the legal process, or unsure what to do.

By being aware of your rights and knowing where to get help, you are in a much stronger position to navigate any issues with your landlord and take action when necessary.

Conclusion

Navigating the complexities of renting can be challenging, especially when dealing with irresponsible landlords. This guide has outlined the key steps for how to apply for a Rent Repayment Order, from understanding what an RRO is to what to expect in a tribunal hearing. To recap, the main steps to take when considering a Rent Repayment Order are:

Check Your Eligibility: Ensure your landlord has breached a housing law that makes you eligible for an RRO.
Gather Your Evidence: Collect photos, videos, communications, and documents that support your claim.
Complete and Submit the Application: Use the correct forms, complete them honestly and accurately, and submit them to the relevant body.
Prepare for a Hearing: If your application is successful, gather any necessary information and evidence, as you will need to present it in a tribunal hearing.
Seek Support: Reach out to the many organisations that can help you understand your rights and provide legal advice.

Remember, you have a right to safe, legal, and well-maintained housing. If your landlord is failing to meet their legal responsibilities, you are not powerless. The Rent Repayment Order is a powerful tool that you can use to hold them accountable, recover rent paid when your rights were violated, and help to ensure that all tenants are treated fairly and lawfully.

Do not tolerate substandard living conditions, unlawful behavior, or a lack of respect from your landlord. You have the right to a safe and comfortable home, and if that right is being violated, you deserve justice.

A Note About No-Win-No-Fee Services:

You might also be interested to know that some legal services and specialist firms offer assistance with Rent Repayment Order claims on a “no-win-no-fee” basis. This means that you won’t have to pay any upfront costs for legal assistance. Instead, if your claim is successful, the legal firm will take a percentage of the compensation awarded to you. If your claim is not successful, you will not have to pay any fees for their service. This can be a helpful option for tenants who are concerned about the financial risk of taking legal action and can allow tenants to access justice in an affordable way. If you are interested in this option, you can search online for “no-win-no-fee Rent Repayment Order” services.

Call to Action

If you believe your landlord has breached housing laws and you are considering applying for a Rent Repayment Order, now is the time to act.

Start gathering your evidence: Don’t wait, begin collecting photos, communications, and payment records today. The more evidence you have, the stronger your case.
Explore Further Resources: Visit the websites of reputable organisations like Shelter and Citizens Advice to deepen your understanding of tenant rights and the legal process.
Consider a No-Win-No-Fee Option: If you are concerned about the financial implications of an RRO claim, research specialist firms that offer this option.

We hope this guide has provided you with a clear understanding of how to apply for a Rent Repayment Order. Your experience is valuable, and we encourage you to share any questions or insights in the comments section below. Your comments can help others who are going through a similar experience and will help you to get further support from our community. Together we can make sure tenants are protected by the law and that all landlords take their responsibilities seriously.

How to Apply for a Rent Repayment Order

Table of Contents