RHMORegister

Who is Your Landlord? Rakusen v Jepsen, Rent-to-Rent & Superior Landlords

The most hazardous trap in Rent Repayment Order litigation is naming the wrong Respondent. In the UK private rented sector, thousands of HMOs operate under complex "Rent-to-Rent" agreements where the property owner leases the building to an intermediary corporate entity, which then sub-lets rooms to tenants.

If your application names the wrong party, the First-tier Tribunal has no jurisdictional power to make an award, and your claim will be struck out. This guide explains the Supreme Court doctrine in ***Rakusen v Jepsen* [2023] UKSC 9, how Section 10 of the Renters' Rights Act 2025** altered the law, and how to verify your true landlord.

The Rent-to-Rent Problem & The Supreme Court Ruling in *Rakusen*

In a typical rent-to-rent arrangement:

  1. The Superior Landlord (Freeholder): Owns the physical property and leases it to a company under a commercial lease.
  2. The Intermediary Company (Immediate Landlord): Signs residential tenancy agreements with sub-tenants, collects their rent, and pays a guaranteed monthly fee to the freeholder.
  3. The Tenants: Reside in an unlicensed HMO, paying £600–£1,000 per month each.

When tenants discovered the HMO was unlicensed, they historically sought RROs against the wealthy freeholder. However, in January 2023, the Supreme Court delivered its landmark judgment in ***Rakusen v Jepsen* [2023] UKSC 9**:

  • The Ruling: The Supreme Court held that under Section 40(2) of the Housing and Planning Act 2016 (as originally enacted), an RRO could only be made against the immediate landlord of the tenant.
  • The Consequences: Because the tenants contracted directly with the intermediary company, they could not claim against the superior landlord/freeholder. Dishonest rent-to-rent companies frequently dissolved or entered voluntary liquidation once an RRO application was filed, leaving tenants with empty judgment debts.

The Legislative Overhaul: Section 10 Renters' Rights Act 2025

Recognising that *Rakusen v Jepsen* created a massive loophole for rogue landlords, Parliament enacted Section 10 of the Renters' Rights Act 2025, expressly reversing the Supreme Court's decision:

``` ┌─────────────────────────────────────────────────────────────────────────────┐ │ WHO CAN BE NAMED AS AN RRO RESPONDENT? │ ├──────────────────────────┬────────────────────────────┬─────────────────────┤ │ Offence Timing │ Immediate Landlord │ Superior Landlord │ ├──────────────────────────┼────────────────────────────┼─────────────────────┤ │ Pre-1 May 2026 Offences │ YES (Mandatory Sole Party) │ NO (Strict Rakusen │ │ │ Contractual signatory │ Strike-Out) │ ├──────────────────────────┼────────────────────────────┼─────────────────────┤ │ Post-1 May 2026 Offences │ YES │ YES │ │ │ Joint & Several Liability │ Freeholder / Owner │ └──────────────────────────┴────────────────────────────┴─────────────────────┘ ```

For offences committed on or after 1 May 2026: Tenants can name both the rent-to-rent intermediary and the superior property owner as joint respondents. The tribunal can order either or both parties to repay the rent.

How to Investigate and Verify Your Landlord Entity

Before completing Section 2 of Form RRO1, execute these three verification steps:

Step 1: Examine the Tenancy Agreement & Section 48 Notice

  • Check the exact name of the landlord written in your agreement.
  • Check the Section 48 Landlord and Tenant Act 1987 Notice (the legal address in England and Wales provided for the service of notices).
  • Identify whether the entity is an individual person, a partnership, or a registered limited company (Ltd or LLC).

Step 2: HM Land Registry Title Register Check

  • Download the Official Copy of the Register of Title from HM Land Registry (£3 fee).
  • Check Section B (Proprietorship Register): Who is the registered legal proprietor of the freehold title?
  • If the registered owner is an individual (e.g. Mr. John Smith) but your tenancy agreement is with "Apex Property Living Ltd", a rent-to-rent arrangement is in place.

Step 3: Companies House Corporate Intelligence

If your immediate landlord is a company:

  • Search the company name on the Companies House online register.
  • Check the Company Status: Is it *Active*, *In Administration*, or *Proposal to Strike Off*?
  • Check the Filing History: Are accounts overdue?
  • Note the Registered Office Address: This is the mandatory legal address where Form RRO1 must be served.

Strategic Decision Tree for Litigants in Person

```mermaid graph TD A["When did the unlicensed period occur?"] -->|Before 1 May 2026| B["Old Regime: Rakusen applies"] A -->|On or after 1 May 2026| C["New Regime: RRA 2025 applies"]

B --> D["Name Immediate Landlord ONLY"] D --> E["Check if Rent-to-Rent company is active"] E -->|Active| F["Proceed against Immediate Landlord"] E -->|Dissolved| G["Explore piercing corporate veil / personal director action"]

C --> H["Name BOTH Immediate Landlord AND Superior Landlord"] H --> I["Joint and Several Liability Application"] ```

Ready to claim? The Casewright RRO Pack helps you calculate the rent to reclaim (including Universal Credit and utility deductions), complete Form RRO1, and compile a bookmarked, searchable First-tier Tribunal applicant bundle. It is not a law firm and does not give legal advice. Flat £149 — no percentage of your award.

See the RRO claim toolkit

Reviewed by Sean McNamara against legislation.gov.uk, GOV.UK tribunal guidance and council registers. Last verified: 2026-09-04.