If you are letting a property, you may have heard of Rent Repayment Orders (RROs) and may assume they only apply to Houses in Multiple Occupation (HMOs) licensing claims. However, that is not the case. This article will provide you with a comprehensive guide on RROs, what they are, and how they can be used beyond HMO licensing claims.

What are Rent Repayment Orders (RROs)?

Rent Repayment Orders are a legal mechanism that allows tenants to claim back up to 12 months’ rent from their landlord or agent. They were introduced under the Housing and Planning Act 2016 and apply to both assured shorthold tenancies and non-HMOs.

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When can RROs be used?

There are several situations where a tenant can use RROs to claim back rent, including:

1. Unlicensed HMOs – If the landlord has failed to obtain the necessary HMO licence, the tenant may be entitled to an RRO for up to 12 months’ rent.
2. Illegal eviction – If the tenant has been illegally evicted, they can apply for an RRO for up to 12 months’ rent.
3. Failure to protect a tenancy deposit – If the landlord has failed to protect the tenant’s deposit in a government-approved scheme, the tenant may be entitled to an RRO for up to three times the amount of the deposit.
4. Breach of a banning order – If the landlord has breached a banning order, the tenant may be entitled to an RRO for up to 12 months’ rent.
5. Using violence to secure entry – If the landlord has used violence to secure entry to the property, the tenant may be entitled to an RRO for up to 12 months’ rent.

How to apply for an RRO?

If a tenant wishes to apply for an RRO, they must make an application to the First-tier Tribunal (Property Chamber). The application must be made within 12 months of the alleged offence, and the tenant must have evidence to support their claim.

The tribunal will consider the evidence presented and decide whether an RRO should be granted. If it is granted, the landlord or agent will be ordered to repay the rent to the tenant.

Can RROs be used for non-HMO properties?

Yes, RROs can be used for non-HMO properties. Although they were initially introduced for HMO licensing claims, they can be used for a range of other offences, as outlined above.

Conclusion

In conclusion, Rent Repayment Orders are a powerful tool that tenants can use to claim back rent from landlords or agents who have acted unlawfully. Although they are often associated with HMO licensing claims, they can be used for a range of other offences, including illegal evictions, failure to protect tenancy deposits, and breaching a banning order. As a landlord, it is important to be aware of the potential consequences of acting unlawfully and to take steps to ensure that you comply with the law at all times.

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