FAQ's

If you’re a tenant in an unlicensed house in multiple occupations (HMO), a rent repayment order (RRO) is a legal tool that allows you to reclaim rent from your landlord. This mechanism stems from the Housing Act 2004, specifically designed for tenants residing in unlicensed HMOs to safeguard their tenant rights.

It addresses landlord obligations regarding property management, mainly focusing on offences like unlicensed HMO management. The legal process involves bringing claims to the First Tier Property Tribunal, where tenants or local authorities can initiate proceedings.

Rent Repayment Orders serve as an essential avenue for tenants to rectify issues related to property management and ensure that landlords comply with the necessary regulations in maintaining safe and secure rental accommodations. In cases of unlicensed HMOs, RROs play a significant role in providing tenants with the means to address grievances and uphold their rights within the rental housing sector, ultimately enhancing standards and accountability.

Rent Repayment Orders exist to provide tenants in unlicensed HMO properties the legal means to reclaim rent payments and address landlord offences related to property management. These orders are vital for upholding tenant rights, ensuring landlord accountability, and addressing licensing violations.

Rent repayment orders offer a legal remedy under the Housing Act 2004. They empower tenants to seek repayment if landlords breach licensing regulations or engage in improper property management practices. They serve as a tool for holding landlords accountable for their actions and provide a mechanism for tenants or local authorities to address violations effectively.

Rent Repayment Orders play a significant role in maintaining standards within the rental market. They act as a deterrent against landlords who might otherwise operate unlicensed properties unlawfully. Overall, these orders are essential for safeguarding tenants, promoting fair property management practices, and upholding the integrity of rental accommodations.

The Rent Repayment Orders (RRO) team assists hundreds or thousands of tenants annually in reclaiming rent. The RRO Team is vital in advocating tenant rights and holding landlords accountable for licensing breaches. By facilitating successful claims, this team guarantees tenants know their rights and that landlords fulfil their obligations.

Our team guides tenants through the RRO process, making it easier for individuals to seek justice.

Please examine whether your landlord has committed any qualifying offences to determine your eligibility for a Rent Repayment Order (RRO). Start by gathering evidence of the offence, such as lack of HMO licensing or instances of harassment. I would like you to document any relevant information to support your case.

Seeking legal advice from professionals or organisations like Rent Repayment Order can provide valuable assistance in understanding the RRO application process. Please remember to be careful about the time limit, as you generally have up to 2 years from the offence to apply for an RRO.

Consider the potential risks involved in living in an unlicensed property while pursuing an RRO application and weigh them against the benefits of seeking restitution. Thorough evidence collection, obtaining legal guidance, and understanding the application process are key steps towards potentially reclaiming rent through an RRO.

The Rent Repayment Order (RRO) application is brought under specific legislative grounds outlined in the Housing and Planning Act 2016. These grounds define offences, such as managing an unlicensed House in Multiple Occupation (HMO), that can result in an RRO being issued. They establish the legal foundation for tenants or local authorities to commence a claim for an RRO.

Importantly, evidence demonstrating breaches related to property licensing is essential in determining RRO liability. The legislative framework not only sets the parameters for RRO claims but also outlines landlords’ obligations concerning property management.

Therefore, understanding these legislative grounds, property licensing requirements, and landlord obligations, along with fulfilling the evidence requirements, is crucial when pursuing an RRO to address issues related to unlicensed properties and ensure compliance with rental property regulations.

When you initiate a Rent Repayment Order (RRO) application, please consider naming the immediate landlord as the Respondent to ensure it’s evident in identifying the liable party. Proper landlord identification is vital for a successful RRO claim. Here are some key points to keep in mind:

1. Landlord Identification: I want you to know that accurately naming the immediate landlord will help avoid confusion and streamline the legal process.

2. Legal Implications: Naming the correct landlord as the Respondent is essential for legal clarity and to hold the responsible party accountable.

3. Tenant Rights: Accurately identifying the landlord ensures that tenants’ rights are protected and that they have a clear path to seek redress.

4. Landlord Responsibilities: By naming the landlord correctly, you are enforcing their responsibility to comply with property licensing regulations and maintain a safe rental property environment.

Correctly identifying the Respondent is fundamental in licensing breaches, as it establishes accountability and ensures tenants can exercise their rights effectively.

Gathering concrete evidence to establish the property owner’s responsibility for a licensing breach is essential for your Rent Repayment Order (RRO) application. Property documentation like ownership records and tenancy agreements should be obtained to prove owner accountability and protect tenant rights. This documentation can be vital evidence linking the owner to the property’s licensing status.

Additionally, gather communication evidence between the owner and tenants discussing property management and licensing obligations. Keep records of any correspondence from local authorities concerning licensing requirements and the owner’s responsibilities. Maintain a clear record of payments made to the owner for rent or property-related services to connect them to the licensing breach.

Various factors come into play to determine the amount awarded in a Rent Repayment Order (RRO), including the costs incurred by the landlord in managing the property. When evaluating the quantum of an RRO, the tribunal considers several vital aspects:

1. Landlord conduct: The landlord’s behaviour, such as any history of harassment or illegal actions, can directly impact the quantum awarded.

2. Financial circumstances: The economic situations of both the landlord and the tenants are considered when determining the amount awarded in an RRO.

3. Health risks: The health hazards posed to tenants due to the property’s condition play an important role in influencing the quantum of the RRO.

4. Property management: The tribunal examines property management practices to guarantee fair compensation for tenants and considers appropriate quantum factors.

Mandatory HMO licence

This applies to large HMOs which are occupied by 5 or more unrelated tenants who share facilities such as kitchens, bathrooms & toilets. It also includes properties with flats that do not have all amenities behind their own lockable front door.

Additional HMO licence

This includes all other HMOs including flats in multiple occupations which are occupied by three or more persons who form more than one household. The number of storeys does not matter. This includes buildings that have been converted into self-contained flats and those that do not meet the standards of Building Regulations 1991 (or later).

Examples of these are:

Bedsits, shared houses or flats in multiple occupation (FMOs), resident landlord with more than two lodgers, buildings that have been converted into self-contained flats or studios

You can only apply for an RRO if you can prove that your landlord has neglected to comply with the law including Housing Act 2004 and Housing and Planning Act 2016 this is outlined below:

Your landlord has rented a HMO without a licence, Your landlord has failed to control or manage an unlicensed HMO, Your landlord has failed to comply with enforcement action (Improvement notice, Prohibition notice, Civil penalty notice, Breach of a banning order). You have been evicted illegally or been harassed by your landlord. Your landlord has used violence to secure entry to a property.

Tenants may make an application for an RRO as soon as possible as the total amount they can claim diminishes over time. Your application has to be made inside of 2 years from the date of when the offence was committed by the landlord.

The rent cannot be reclaimed for any period after: the final period of rental payment if the tenant has left. The landlord has sold the house or flat. If the landlord has applied to the council for a licence.

If a single tenant would like to act for all of the tenants in making an application for the RRO the other tenants would need to sign a declaration stating the name of the tenant that they are appointing to act for them. Alternatively the person who acts for the tenant could be a person from the organisations mentioned below or a relative or friend of a tenant. The tenant must be able to trust the person they nominate to act on their behalf.

A Tenant can apply to recover the rent paid for a duration of up to a max of 2 years You may ask to reclaim the rent for the full 2 years if you lived in the HMO and paid rent to the same landlord throughout this period.

However the period for reclaim of the rent will end earlier if you have moved away, if the landlord has changed, or if the landlord has applied to the local council for a licence.

You maynot claim back any rent paid by universal credit/housing benefit.

The tenant will need to be able to prove that they paid the amount of rent that they are claiming and who they paid it to.

When you apply for the RRO you will need to to prove that you have paid all the rent to the landlord of the period you are claiming for. This will normally show in your bank statements. If you were paying cash then you should provide a rent book. You will also need to provide a copy of your assured shorthold tenancy agreement. If you do not have a copy then you will need to explain what type of agreement you had with the Landlord

The hearing at the FTT is very similar to a court hearing, but it is less formal. The case is heard by two or three members of the panel. The panel chairman will introduce themselves and explain to proceedings. You may ask the chairman questions at any time during the proceedings if you need. The panel members may ask the tenants and the landlord questions throughout the case and take notes.

All tenants who are making the claim will need to be present. It is recommended that two or more tenants are at the hearing, just in case they may need to answer any questions regarding the rent, or any issues that have arisen about the behaviour of the landlord.

The panel will never make their decision at the hearing. A written decision will be emailed or sent in the post. This may take up to 6 weeks.

The landlord or tenants may appeal to the Lands Tribunal against a RRO, including the amount of money to be repaid, but they apply within 28 days. If the appeal to the Lands Tribunal involves a hearing the same tenants who were at the FTT hearing, will need to be there, the procedures are similar to those for the FTT.

The FTT must order the maximum amount of rent up to 2 years is repaid when the landlord has been convicted of the offence to which the RRO applies, even if the tenant has applied for a lesser amount.

If the landlord has not been convicted but committed an offence the FTT will determine the amount of rent to be repaid in accordance to the following:

If the tenant has been evicted illegally or been harassed by the landlord the FTT will take this into account the 2-year period before the offence (the period must end with the date of the offence).

The RRO must related to rent paid by the tenant in respect of a period not exceeding 2 years where the landlord has committed an offence.

The Tribunal has to decide on an amount they consider to be reasonable for the RRO, this decision will be based on the:

The FTT will normally set a date by which the RRO money must be paid to the tenant. The FTT may agree to the landlord paying the money in instalments depending on their financial situation.