Law & Compliance

Rent Repayment Orders in England: 2026 Landlord Guide

A Rent Repayment Order, usually shortened to RRO, is an order made by the First-tier Tribunal requiring rent to be repaid after a specified housing-related offence. The current rules covered here apply to offences committed in England on or after 1 May 2026.

For those offences, an RRO can cover up to two years' rent, and a tenant normally has up to two years from the offence to apply. Offences committed before 1 May 2026 remain subject to the earlier rules, including a maximum of one year's rent and a one-year application period. Establishing the offence date is therefore an essential first step.

The ten offences covered by the current rules

Current GOV.UK tenant guidance lists ten offences for which a tenant may seek an RRO:

  1. Operating a licensable house in multiple occupation without the required HMO licence.
  2. Operating a house that requires selective licensing without the required licence.
  3. Failing to comply with an improvement notice.
  4. Failing to comply with a prohibition order.
  5. Illegal eviction or harassment of occupiers.
  6. Using violence to secure entry to a property.
  7. Breaching a banning order.
  8. Knowingly or recklessly misusing a possession ground.
  9. Letting or marketing a property within 12 months of using the moving-in or selling possession ground.
  10. Continuously breaching specified tenancy-reform requirements.

The final three offences reflect changes that began on 1 May 2026. A compliance review based only on the previous seven-offence list is now incomplete.

An RRO is not available merely because a tenant is unhappy with the landlord or because an administrative mistake has occurred. The applicant must identify a listed offence and prove every required element to the tribunal beyond reasonable doubt. A prior criminal conviction or civil penalty is not always necessary because the tribunal can determine whether the offence was committed for the purpose of the RRO application.

Who an RRO can be made against

The current rules are wider than the former immediate-landlord-only position. GOV.UK says an application may name a landlord who is an immediate landlord, a superior landlord or a company landlord where the applicant believes that person or organisation committed the offence.

The possible respondents also include:

  • a director, manager or similar officer of a company landlord; and
  • a licensor.

In a rent-to-rent arrangement, this means a tenant may name one or more landlords in the contractual chain if the evidence indicates that they committed the alleged offence. The tenant does not need to have paid rent directly to each respondent. If the tribunal finds that multiple respondents committed the offence, it can make them jointly and severally liable for the order.

A letting agent or managing agent should not be named merely because it collected the rent or handled day-to-day management. Current GOV.UK guidance states that an RRO cannot be made against an agent in that capacity. The position is different if the same person or organisation was itself acting as a landlord or licensor.

The two-year application and repayment periods

For an offence committed on or after 1 May 2026, a tenant can generally apply at any point within two years of the offence. They do not need to be living at the property when they apply.

The amount claimed depends on the type and timing of the offence:

  • For a one-off offence, the claim can cover rent paid during the relevant period ending with the offence date.
  • For an ongoing offence, the claim can cover rent paid while the offence continued.
  • The overall maximum is two years' rent paid by the tenant.

A tenant cannot claim the portion of rent paid through Housing Benefit or Universal Credit. The local council can seek an RRO for benefit-funded rent, and tenant and council applications may proceed alongside one another.

The tribunal decides the final award. A successful application does not automatically produce the full two-year maximum in every case. The tribunal considers the statutory framework and relevant circumstances, including conduct by the landlord and tenant.

Evidence and the tribunal process

The tenant carries the burden of proving the alleged offence beyond reasonable doubt. The type of evidence depends on the offence. It can include tenancy documents, licensing records, council notices, correspondence, photographs, payment records and evidence about who controlled or managed the property.

The usual process described by GOV.UK is:

  1. The applicant sends the RRO1 form and supporting documents to the First-tier Tribunal.
  2. The tribunal acknowledges the application, deals with fees and gives directions.
  3. The parties prepare their evidence bundles and any reply evidence.
  4. The tribunal may hold a hearing.
  5. It issues a written decision and, if successful, states the amount and payment deadline.

Where a landlord has previously been convicted, received a financial penalty or had an RRO made for a listed offence, that history can affect the amount. For a repeated offence, or where the landlord has already been convicted or financially penalised for the same offence, current guidance says the tribunal must normally order the maximum amount unless exceptional circumstances apply.

What the expanded rules mean for landlords

The post-May regime connects RRO exposure to the new possession and tenancy rules as well as the established licensing and property-condition offences. Three operational areas deserve particular attention:

Licensing status

Whether a property requires mandatory HMO, additional or selective licensing depends on the property and the local council's scheme. A dated record of checks, applications, licences and renewal dates helps establish the property's position.

Possession records

The new offences include knowing or reckless misuse of a possession ground and prohibited letting or marketing during the restricted period after use of Ground 1 or Ground 1A. The ground relied on, notice, court documents, marketing status and the property's later use should therefore form one clear timeline. Our Renters' Rights Act 2025 guide provides broader context on the new possession system.

Council notices and tenancy-reform duties

Improvement notices and prohibition orders require action within their stated terms. The new continuous-breach offence also makes it important to record how specified tenancy-reform breaches were corrected and when any continuing conduct stopped.

A focused compliance record

A landlord or property manager can keep the following information together for each property:

  • current and historic licensing checks;
  • council notices and evidence of compliance;
  • tenancy agreements and written information supplied to tenants;
  • deposit and safety records;
  • possession notices, grounds and court papers;
  • the dates on which a property was marketed, let, vacated or occupied;
  • rent ledgers showing who paid each part of the rent; and
  • contracts identifying immediate landlords, superior landlords, licensors and company officers.

These records do not prevent an application and do not decide its outcome. They provide the factual timeline needed to understand whether a listed offence is alleged and who may be responsible. The current GOV.UK tenant guidance should be checked for the application rules and evidence requirements in force at the relevant time.

This is general information for England, not legal advice; check current GOV.UK guidance or obtain advice for a specific case.

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