Rent Repayment Order – HMO

How to Claim Back Your Rent:
Introduction

Have you ever found yourself in a shared house, wondering if everything is quite right? Maybe the rent seems a bit high, or the house feels more crowded than it should. Perhaps you’ve started to question if your landlord is actually playing by the rules. You’re not alone. Many tenants in shared accommodation feel unsure about the legality of their situation and whether they are paying more rent than they should be.

This article is designed to shed light on a crucial issue: unlicensed Houses in Multiple Occupation (HMOs). If your home is an HMO that lacks the proper license, this is a problem for both you and your landlord. In short, it means your landlord is breaking the law. But why is this an issue for you? Well, as well as the potential safety implications, you could be entitled to claim back some of your rent.

Rest assured, if any of this sounds familiar, you’ve come to the right place. This guide will lead you through everything you need to know about unlicensed HMOs. We’ll help you understand:

What We Will Cover:

• How to determine if you are living in an unlicensed HMO.
• Your rights as a tenant when living in an unlicensed HMO.
• The process of claiming back your rent through a Rent Repayment Order – HMO.
• Where to find additional help and advice, including organisations and legal professionals who can assist you.

By the end of this article, you will be equipped with the knowledge to make informed decisions about your housing situation and what to do next.

Part 1: Are You Living in an Unlicensed HMO?

Is Your House an Unlicensed HMO? How to Check

The first step in determining if you might have grounds to claim back your rent is figuring out if you are living in an HMO, or House in Multiple Occupation, and if it has the correct license. But what exactly is an HMO?

An HMO (House in Multiple Occupation) is a property rented out by at least three unrelated people, who share common facilities such as bathrooms and kitchens. This differs from a standard family home or a house shared by couples or families. HMOs are subject to specific regulations due to the increased fire risks and potential for overcrowding in shared accommodation.

HMO Definition: More Than Just a Shared House

Essentially, an HMO is a larger shared house which often has a higher amount of unrelated tenants, which therefore makes it more prone to fire risks and structural issues. Because of these heightened risks, HMOs are subject to extra legal requirements from the government and the local council.

These regulations aim to ensure that shared properties are safe and suitable for multiple occupants. In fact, landlords are responsible for ensuring their property meets certain standards as laid out by law.

Key Criteria: How to Spot an HMO

Here are some key criteria to help you determine if your property might be an HMO:

• Number of Tenants: Does your house contain at least three people who do not form a single household? A “household” is defined by law as people who are married, in a relationship, or who are related by blood or adoption.
• Shared Facilities: Do you share facilities such as kitchens, bathrooms, and/or toilets with other occupants?
• Multiple Tenancy Agreements: If all the occupants have separate tenancy agreements or do not share one, then this can be a key criteria that the property is an HMO.
  • Landlord or Property Manager: Is the property managed by a landlord or a property manager. If they do not reside in the property themselves, this increases the likelihood that it’s an HMO.
• If you answer yes to most of the above, then there is a high probability that you are living in an HMO.

Simple Checklist: Is Your Property an HMO?

Ask yourself the following questions:

• How many unrelated people live in your home? Are there three or more unrelated tenants, as defined by the government?
• Do you share facilities such as bathrooms and kitchens? Does the home have shared bathrooms, kitchens and/or toilets?
• Do you have separate tenancy agreements? Are you on a separate agreement to other tenants?
• Does your landlord live in the property? Does your landlord or property manager reside in the property themselves, or do they rent it to tenants from a distance.

If you answered “yes” to these questions, your property could likely be an HMO.

How to Find Out if Your HMO Has a License

If you believe that you are living in an HMO, the next step is to check if your property has a valid HMO license. Here’s how:

• Contact Your Local Council: Your local council is responsible for issuing HMO licenses. You can contact their housing department and ask them to confirm whether the property is licensed, either over the phone or via email. You will need to give them your address to do this.
• Council Website: Many local councils have online registers of licensed HMOs. Search for your address on your local council’s website.
• Request from Landlord: Request to see your landlord’s licence document.

If your property is an HMO and it does not have a valid license, then your landlord is likely breaking the law.

Keyphrase Focus:

• Definition of an HMO
• What is an HMO?
• House in Multiple Occupation
• HMO licensing regulations

Part 2: Your Rights as a Tenant in an Unlicensed HMO

Your Rights as a Tenant in an Unlicensed HMO: What You Need to Know

Regardless of the type of property you live in, all tenants have certain fundamental rights. When you live in a House in Multiple Occupation (HMO), and particularly an unlicensed one, you should be aware of the additional protections you’re entitled to.

Basic Rights for All Tenants

Every tenant, regardless of whether they live in an HMO or not, is entitled to certain basic rights, including:

• Right to Quiet Enjoyment: You have the right to live in your home without unreasonable interference from your landlord.
• Right to a Safe Home: Your property should meet basic safety standards.
• Right to Fair Treatment: Your landlord must treat you fairly and respect your rights under the tenancy agreement.
• Right to Notice: Your landlord must give you proper notice before entering your property, unless it’s for an emergency.
• Protection Against Unfair Eviction: If your landlord tries to evict you, they must follow the legal procedures for this.

Specific HMO Tenant Rights: Enhanced Protections

In addition to these basic rights, tenants in HMOs, and especially those in unlicensed HMOs, have additional protections. These rights are meant to ensure a safe and decent standard of living in shared accommodation. Some of these rights include:

• Right to a Safe Living Environment: Your landlord must ensure the property complies with specific fire safety regulations, and they must adhere to their gas safety and electrical safety requirements. This is especially important in an HMO due to the higher risk of fire.
• Right to Proper Repairs and Maintenance: Your landlord is responsible for carrying out repairs and maintenance promptly. This includes communal areas as well as within your own room.
• Right to Know Your Landlord: You have a right to know the identity of your landlord and their contact details, or those of the managing agent.
• Right to Not be Overcrowded: HMOs have specific overcrowding rules that your landlord must adhere to. They cannot have more occupants than the home can legally handle.

Unlicensed HMO Implications: Additional Rights

When your HMO lacks the required license, this means your landlord is likely breaking the law, and therefore you are entitled to certain additional rights and protections. Primarily, this could mean you are entitled to claim back some of the rent that you paid while living in the property. This claim will be made through a Rent Repayment Order (RRO).

By understanding your rights, you’re empowered to take action if your living conditions are not up to standard or if your landlord isn’t complying with the law.

Keyphrase Focus:

• Unlicensed HMO tenant rights
• Tenant rights in HMO
• HMO tenant advice

Part 3: How to Claim Back Your Rent

Claiming a Rent Repayment Order: A Step-by-Step Guide

If you believe you are living in an unlicensed HMO, you may be eligible to claim back some of the rent you’ve paid. This is done through a Rent Repayment Order (RRO).

What is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal order that can force a landlord to repay a portion of the rent to a tenant. If your landlord is breaking the law by renting out an unlicensed HMO, then you are eligible to apply for an RRO. The RRO is a legal right for tenants in this position. It is there to penalise landlords who act illegally and to compensate tenants who are renting in these unsafe and illegal conditions.

Who is Eligible to Apply for a Rent Repayment Order?

You are likely eligible to apply for an RRO if:

• You are currently, or were previously, a tenant in a property that is classed as an HMO.
• The property you rented should have been licensed as an HMO, but was not.
• Your tenancy occurred within the last 12 months.

It is important to note that you must meet all of the above conditions to make a claim.

Step-by-Step Process for Claiming a Rent Repayment Order

Here’s a breakdown of the process of applying for a Rent Repayment Order:

1. Gather Your Evidence: You need to collect all the necessary evidence to support your claim. This includes any documents, communications, and photographic evidence you can find. We will go into detail about the type of evidence you will need below.
2. Complete the Application Form: Complete the application form for the First-Tier Property Tribunal. You will have to download the correct form for your region and fill in all of the necessary information, including any information about your landlord, the property, and the amount of money you are seeking to get back.
3. Submit Your Application: Once you’ve gathered your evidence and completed the application form, you will have to submit it to the correct tribunal. This will either be online or through the post.
4. Attend a Hearing: Depending on the complexity of your case, you may be required to attend a hearing at the tribunal. This will be your opportunity to present your case before a panel and to cross-examine your landlord. If you do not attend a hearing, your application may be rejected.

Required Evidence for a Rent Repayment Order

The strength of your claim for an RRO is highly dependent on the quality of your evidence. Here’s what kind of evidence you should aim to gather:

• Tenancy Agreement: Your tenancy agreement will prove that you were living at the property.
• Photographic Evidence of Poor Conditions: Take photos of any issues at the property, such as any damage, disrepair, or if it is overcrowded.
• Communication with Your Landlord: Save any emails, text messages, or letters that you sent to your landlord regarding the tenancy, any issues, and any requests you have made.
• Proof the Property is an HMO and Unlicensed: This is vital for your application and it can often be gathered through the local council. You must prove that the property was an HMO and that it was unlicensed during your time as a tenant.

You can also gather statements from other tenants in the property or any other witnesses who can vouch for the poor living conditions.

Where to Submit Your Application

You will need to submit your application to the First-tier Tribunal (Property Chamber) for your region. These tribunals exist in all regions of the UK. The relevant address and details will be on your application form.

Keyphrase Focus:

• How to claim rent back unlicensed HMO
• How to get a rent repayment order
• Steps to claim rent repayment HMO
• Process for rent repayment unlicensed HMO
• Evidence for rent repayment order
• Making a rent repayment order application
• Tenant rent repayment process

Part 4: Risks and Considerations

What Are the Risks? Important Considerations Before Claiming Back Rent

While claiming a Rent Repayment Order (RRO) can be a powerful tool for tenants in unlicensed HMOs, it’s important to be aware of the potential risks and challenges involved. Pursuing an RRO can require time, effort, and sometimes involve conflict. Before you begin, you should be prepared and understand the possible downsides.

Potential Risks of Pursuing an RRO

Here are some key risks to consider:

• Potential for Eviction: Although it is illegal for your landlord to evict you for pursuing an RRO, it is still possible. Some landlords may illegally issue an eviction notice in retaliation, which could place you in a difficult position. If this happens, you must seek immediate legal advice.
• Legal Fees: While you do not need to hire legal representation, you may incur costs associated with submitting your application, and should you choose to hire a lawyer, the costs could escalate quickly.
• Time and Effort: The process of applying for an RRO can be lengthy, requiring time and dedication to gather evidence, complete forms, and attend potential hearings.
• Landlord Retaliation: There is a risk that your landlord may try to retaliate against you for making a claim. They may do this by becoming difficult, withholding information, or acting unreasonably. In the most extreme cases, they may illegally try to evict you.

How to Mitigate the Risks

While there are risks involved, there are steps you can take to mitigate them:

• Gather Good Evidence: The stronger your evidence, the more likely you are to succeed with your claim and the better protected you are against possible counterclaims. Ensure you have all documents, communications and photos necessary to present a strong case.
• Seek Advice from Relevant Organisations: Housing charities, legal aid centres, and tenant support services can provide free advice, support, and guidance throughout the RRO process. They can also help you to understand your rights.
• Understand Your Legal Position: Make sure that you are well informed about your rights, the legal process of claiming an RRO, and any potential implications. There are several free resources online that can provide this information, or relevant charities may offer it to you.

Financial Implications of an RRO

The amount of rent you could claim back via an RRO could range from 20% – 100% of the rent you paid during the time that the property was an unlicensed HMO. This is ultimately decided by the tribunal. It is important to note that the amount awarded will depend on the facts of the case, the severity of the landlord’s wrong doing, and the evidence you are able to gather.

While an RRO can help you recoup your money, it may not be enough to make up for the time and effort you spent dealing with an unlicensed landlord.

Time Frame for a Rent Repayment Order

The time it takes to obtain an RRO can vary depending on the complexity of your case and the backlog at the tribunal. In general, the process can take several months to conclude. Be prepared for potential delays, and ensure that you factor this into your planning.

By understanding the potential risks and implications of pursuing an RRO, you can make an informed decision about whether or not to take action. Remember to seek advice and prepare your case to give yourself the best chances of success.

Part 5: Where to Get Help and Advice

Where to Find Expert Advice and Support

Navigating the complexities of an unlicensed HMO and pursuing a Rent Repayment Order can feel overwhelming. The good news is that there are numerous resources available to provide you with guidance, support, and expert advice. Knowing where to turn for help can make the whole process much less daunting.

Organisations and Charities That Can Help

Several organisations and charities are dedicated to helping tenants understand their rights and access support. These include:

• Shelter: Shelter provides free housing advice and support to tenants across the UK. They have a helpline, website, and local branches where you can seek help.
• Citizens Advice: Citizens Advice offers free, independent, and impartial advice on various issues, including housing. They can provide guidance on your rights, how to make a claim, and other related matters.
• Local Housing Charities: There are local charities in many areas that specialize in housing issues. Search for charities in your region to find specific local resources.
• Legal Aid: You may be eligible for legal aid to help with legal costs associated with an RRO. Check the government website to see if you qualify.

The Benefits of Seeking Professional Legal Advice

While many resources offer free advice, it may also be beneficial to seek the assistance of a legal professional, such as a qualified solicitor or advisor. A legal professional can:

• Provide Expert Guidance: They can offer expert advice specific to your situation and help you navigate the legal process more effectively.
• Represent You: If your case proceeds to a hearing, a solicitor can represent you and present your case in the best possible light.
• Negotiate With Your Landlord: They can negotiate with your landlord on your behalf to come to an amicable agreement.
• Assess Your Claim: Solicitors can help you assess the strength of your claim and any associated risks.

If you choose to seek legal advice, be sure to find a solicitor who specializes in housing law and rent repayment orders. There are several solicitors firms online who can assist you with this.

Local Councils and Housing Departments

Your local council’s housing department can also provide advice on:

• HMO Licensing: They can confirm whether a property is licensed and provide information about local regulations.
• Reporting an Unlicensed HMO: Your council can take action against landlords who operate unlicensed HMOs.
• Housing Standards: They can advise you about local safety and housing standards.

Your council may be able to offer support and guidance as you are going through the process of claiming a Rent Repayment Order.

Keyphrase Focus:

• Legal aid for rent repayment
• Solicitor rent repayment order
• Housing law for tenants
• How to report an unlicensed HMO

Conclusion

If you’re living in an HMO that might not be properly licensed, you now have the tools and knowledge to understand your rights and take action. This article has covered:

• How to identify if your property is an HMO that should be licensed.
• The specific rights you have as a tenant in an unlicensed HMO.
• The process for claiming back your rent through a Rent Repayment Order (RRO).
• The risks and considerations of pursuing a claim.
• Where to find expert help and advice.

Take Action Now

If you have concerns about your living situation, we urge you to take action. Start by confirming whether your property is an HMO that requires a license, and then take action if you believe you are entitled to a claim.

• Check Your License Status: Contact your local council to confirm whether your property has a valid HMO license.
• Seek Advice: Contact a reputable organisation or legal professional to understand your rights and the best course of action.
• Claim Back Your Rent: If you believe you are eligible, start gathering your evidence and complete the steps necessary to apply for an RRO.

A Final Thought

Living in a safe, legal, and well-maintained home is a fundamental right, not a privilege. By understanding your rights as a tenant, and the steps you can take when landlords break the law, you can contribute to a fairer and more equitable housing market for all. Don’t be afraid to speak up for your rights and seek the support you need. Together, we can ensure that all tenants are protected.