What offences are associated with a rent repayment order?
Reviewed by Sean McNamara, 2026-10-08
A rent repayment order is only as strong as the offence underneath it. The tribunal cannot order money back because a landlord was difficult or the house was cold - it needs a specific criminal offence from the list in section 40(3) of the Housing and Planning Act 2016, proved beyond reasonable doubt. The list has seven core entries, dominated in practice by the two licensing offences: controlling or managing an unlicensed HMO, and controlling or managing an unlicensed house in a selective licensing area. From 1 May 2026 the Renters' Rights Act 2025 widened both the list and the remedies, doubling the maximum award to two years' rent and reaching superior landlords and directors. This page sets out every qualifying offence, what each one requires in evidence, and how the choice of offence shapes what you can recover.
The qualifying offences, past and present
For offences committed before 1 May 2026, the list in section 40(3) of the Housing and Planning Act 2016 - as extended - covers seven core offences: controlling or managing an unlicensed HMO (section 72, Housing Act 2004); controlling or managing an unlicensed house in a selective or additional licensing area (section 95, Housing Act 2004); illegal eviction or harassment of an occupier (section 1, Protection from Eviction Act 1977); violence to secure entry (section 6, Criminal Law Act 1977); failure to comply with an improvement notice (section 30) or a prohibition order (section 32), both Housing Act 2004; and breach of a banning order (section 21, Housing and Planning Act 2016). In practice the two licensing offences dominate tribunal listings: they need no dramatic facts, only a register check, a tenancy and rent records.
From 1 May 2026: the Renters' Rights Act additions
For conduct on or after 1 May 2026, the widened list adds knowingly or recklessly relying on a possession ground the landlord is not entitled to, and letting or marketing the property during the restricted period after using the moving-in or sale ground. Two changes matter as much as the new offences: the maximum award doubles to two years' rent for offences from that date, and liability now reaches superior landlords and company directors. The application clock also doubles - two years from the offence instead of one. Older conduct stays under the old rules: one year's maximum and one year to apply, so the date the offence was committed decides which version of the scheme governs the claim.
Questions this page answers
- Who can apply for a rent repayment order?
- An occupier - a tenant or licensee who was living in the property at the time of the offence - or the local housing authority can apply. You do not need to be the current tenant: former occupants can apply, provided the offence was committed within twelve months before the application (or within two years for offences from 1 May 2026 under the Renters' Rights Act changes). Where several tenants are on the same joint tenancy they can join in a single application and pay one fee between them; tenants on separate agreements apply separately and each recovers their own rent. A guarantor who actually paid rent is treated as an occupier for these purposes. Since 1 May 2026, superior landlords and company directors responsible for the offence can also be named as respondents, which matters where the letting company has no assets. Applications go to the First-tier Tribunal (Property Chamber) on form RRO1.
- How much can a rent repayment order award?
- The statutory ceiling is twelve months' rent for offences committed before 1 May 2026, rising to a maximum of two years' rent for offences on or after that date, when the Renters' Rights Act changes took effect. Ask for written confirmation of anything you are told, and keep a dated record of each step in the case. Within those ceilings the tribunal starts from the rent actually paid during the offence period, less any rent paid through Housing Benefit or Universal Credit - that portion cannot be recovered by the tenant From there section 44 factors move the number down or up: landlords with a relevant previous conviction can be ordered to pay the full maximum, and repeat offenders now face a mandatory maximum award; tribunals discount for the tenant's own conduct, the landlord's financial circumstances, and how much of the offence period the evidence actually covers.
- Do I need a landlord conviction for a rent repayment order?
- No - and this surprises most applicants. The tribunal only needs to be satisfied beyond reasonable doubt that the offence was committed; a prior criminal conviction or a council civil penalty for the same conduct is helpful evidence but never a precondition. In practice, licensing offences are won on documents: the tenancy agreement, your rent payment history, and a search of the council's public register showing no licence covered your occupation. The absence of a conviction does mean you carry the full evidential burden yourself, so gather the paper trail before applying rather than expecting the tribunal to investigate for you. If the council has already prosecuted or penalised the landlord, request the outcome - but a landlord with a completely clean enforcement history is still perfectly liable if the elements of the offence are proved. Tribunal decisions usually arrive in writing within a few weeks of the hearing, with payment typically ordered within 28 days after that.
Sources and further reading