Rent Repayment Orders (RROs)

If you’re a tenant or former tenant who has paid rent to a landlord who has breached specific legal obligations, you may be eligible to reclaim up to 12 months' rent through a Rent Repayment Order (RRO). This guide outlines key aspects of the RRO process, including when and how to apply, the support available, and what to expect throughout the process.

What is a Rent Repayment Order (RRO)?

A Rent Repayment Order (RRO) is a legal order issued by the First Tier Tribunal (FTT) allowing tenants and former tenants to reclaim rent paid to landlords who have committed specific offences or have been convicted in court under the Housing and Planning Act 2016. The offences can include operating an unlicensed House in Multiple Occupation (HMO) or failing to comply with enforcement notices.

Licensing Requirements for HMOs in Ipswich

In Ipswich, an HMO requires a licence if it meets the following conditions:

It is occupied as a main home by 5 or more people who are not all related.
One or more basic amenities (kitchen, bathroom, or WC) are shared.
It is not a purpose-built flat in a block of three or more purpose-built flats.

Examples include bedsits, shared houses, and flats with multiple tenants. This mandatory licensing applies across England and Wales, though there are some exceptions. Always check with the local council to confirm licensing requirements.

Further information can be found on our HMO page.

When can I apply for an RRO?

You can apply for an RRO if your landlord has:

Rented out an HMO without a licence.
Failed to control or manage an unlicensed HMO.
Failed to comply with enforcement actions such as Improvement Notices, Prohibition Notices, Civil Penalty Notices, or a banning order.
Evicted you illegally or harassed you.
Used violence to secure entry to the property.

You should be informed by an environmental health officer if you are eligible to apply for an RRO. If you’ve been evicted illegally or harassed, you can contact the Ipswich Housing Options team at 01473 432000 or via email at housing.options@ipswich.gov.uk for guidance on your tenant rights.

How soon should I apply for an RRO?

It’s crucial to apply for an RRO as soon as possible. The application must be submitted within 12 months of the landlord’s offence. Remember that the amount you can reclaim may decrease over time. Rent cannot be reclaimed for any period after:

The final rental payment if you have left the property.
The landlord has sold the property.
The landlord has applied for a licence.

How will the Council support me with my application?

An environmental health officer will inform you if you qualify for an RRO. If you proceed with an application, the investigating officer can support you by providing evidence, such as witness statements, to bolster your case.

Can one tenant act on behalf of all tenants?

Yes, one tenant can act on behalf of all tenants. Other tenants must sign a declaration appointing this representative. Alternatively, this representative can be from one of the organizations listed below or a trusted friend or relative. An example declaration form is available in Annex 1 (PDF).

Note: The extra declaration section in Form RRO1 is not necessary.

Which organizations can help?

Several organizations can assist with the RRO process, including:

Shelter
Citizen’s Advice Bureau
Law centres
Ipswich Council’s Private Sector Housing and Housing Options teams
Tenants and Residents Associations or Tenants Federations
Community organizations such as churches, mosques, and groups representing ethnic minorities or disabled individuals
Flat Justice

How much rent can I reclaim?

Tenants can apply to reclaim the rent paid for a period of up to a maximum of twelve months ending on the date of the application to the First-Tier Tribunal (FTT). You can ask to reclaim the rent for the full twelve months 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 cannot claim any rent paid by housing benefit/universal credit.

You will need to be able to prove that you paid the amount of rent you are claiming and who you paid it to. When you apply for the RRO you will need to:

send a copy of your rent book, if you do not have one, make a list of all payments made by each tenant
any tenants who go to the hearing should take proof of payment i.e. bank statements or cheque stubs, in case there is a dispute about the rent. You should include any receipt of rent payments acknowledged by the landlord or managing agent i.e. email or text. If tenants have paid in cash and have no receipt take proof of cash withdrawal.

The RRO is likely to require the landlord to repay less rent than the amount of rent that you are asking to reclaim. Unless the landlord has been subject to previous conviction or a civil penalty notice has been served and is made at a time when there is no prospect of appeal against the civil penalty notice.

NB: The FTT may award less than the total amount particularly if the landlord has already had a large fine or there are other mitigating factors.

How do I make a claim?

Before applying, ensure you have all required documents listed in Annex 2 (PDF).

Download the application form from the First-Tier Tribunal (FTT) website or call 0207 446 7700 to request it. You may face a £100 application fee unless you qualify for help with fees. Refer to section 10 of the application form for details.

Your application must include:

Evidence that the landlord committed an offence or was convicted.
Proof of rent payments for the claimed period.
Documentation if a representative is acting on behalf of tenants.
Evidence of tenants living in the property during the claim period.

What happens next?

After submitting your application, the FTT will send it to the landlord and request copies of your documents. Prepare a bundle of documents in date order, with each page numbered and a list of contents at the front. The FTT may hold a Case Management Conference to discuss the case briefly.

FTT panel members may visit the property before the hearing, but they will base their decision on written evidence and what is presented at the hearing. You will receive 21 days’ notice of the hearing.

What is the hearing like?

The hearing at the First Tier (property) Tribunal is similar to a court hearing, but less formal. The case is heard by two or three panel members. The panel chairman introduces the case and explains what will happen; you can ask the chairman questions at any time if you need to. The panel members can ask the landlord and the tenants’ representative questions throughout the case and take notes.

FTT panels generally hear cases without lawyers, but everyone does have the right to be represented by a solicitor or barrister or by another appointed person. Do not let formal representation put you off, many landlords represent themselves. If you require help during the hearing the Chairman of the panel will help you if needed.

All tenants who are making the claim need to be present unless they have appointed a person to represent them. We recommend that two or more tenants are at the hearing, in case they need to answer questions about the rent, the accommodation, or any issues the landlord may raise about the behaviour of the tenants.

If a number of tenants have applied for the RRO themselves, it is easier if they appoint a spokesperson to lead their case at the tribunal. Other tenants will still get the opportunity to speak if they want to.

The hearing starts with the tenants’ representative (rep) saying why they have applied for the RRO he/she can simply read out the Grounds of the Application from the application form and introduce the evidence in the bundle. The landlord or his/her lawyer will ask questions of the tenant rep and then put their own case to say why the panel should not make an RRO or why it should be for less money than is claimed. The tenants’ rep will then be able to question the landlord, or comment on what has been said. Other tenants will be able to have their say too.

The panel will not make their decision at the hearing. A written decision will be sent in the post maximum 6 weeks.

The landlord and the tenants can appeal to the Lands Tribunal against an RRO, including the amount of money to be repaid, but must 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.

How much rent will be repaid?

The FTT must order the maximum amount of rent (up to 12 months) is repaid where 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 you have been evicted illegally or been harassed by your landlord the FTT will take into account the 12-month period before the offence (12 months must end with the date of the offence).

If the landlord has committed the following offences:

Failed to comply with a formal enforcement notice
Improvement notice
Prohibition notice
Civil penalty notice
Breach of a banning order
Failed to control or manage an unlicensed HMO

The RRO must related to rent paid by the tenant in respect of a period not exceeding 12 months where the landlord has committed an offence.

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

Conduct of the landlord (i.e. how well he/she manages the accommodation and its condition)
Conduct of the tenant
The financial circumstances of the landlord
If the landlord has at any time been convicted of any of the offences in section 2 of this guidance

If a landlord has been convicted in respect of the same offence which the RRO is being made the FTT must award the maximum amount of rent possible (capped at 12 months).

How will the money be paid?

The FTT will set a date by which the RRO money must be paid to the tenants. The FTT may agree to the landlord paying the money in instalments.

What if the landlord doesn’t pay up?

If the RRO payment is not received by the agreed date the tenants can apply to the County Court for permission to reclaim the money as a civil debt (see The Residential Property Tribunal Procedure (England) Regulations 2006, regulation 34). Refer to the ‘I have a tribunal decision, but the respondent has not paid leaflet (EX328)’.

Can my landlord evict me?

Your landlord has no right to make you leave your home because you are applying for an RRO. If your landlord does try to evict you, you should seek legal advice, there are extra restrictions on landlords’ powers to evict, where the accommodation is not licensed, see Housing Act 2004, section 75. You can contact one of the above-mentioned organisations who will advise you on such a matter.

Contact Ipswich 01473 432000 and ask for Housing Options or email housing.options@ipswich.gov.uk

16. Tenants and former tenants (& persons occupying under a licence) can reclaim up to twelve months rent in an RRO where the tenant can prove the landlord has committed an offence or been convicted. Tenants should apply for an RRO as soon as possible after an offence has been committed or RRO for housing benefits/universal credit, as in most cases the amount of rent that can be reclaimed will reduce as time goes on.

Please note: This advice has been produced in consultation with experienced housing practitioners. It is not statutory guidance, so should be read in conjunction with the law. The advice may be subject to challenge by the courts or the FTT.

Additional tips

Ask for application fees to be repaid by respondent at the hearing
Check who the real landlord of your property is/was. Often agents put themselves as a landlord on a tenancy agreement. Key to deciding who is the landlord is really the "control" of the property: who is managing it and who receives the rent. Even though an agent might be in this position it's worth checking that they haven't covered themselves with a clause on licensing, for example, in their contract with the head landlord: such clauses leave the licensing as the responsibility of the head landlord and so the head landlord needs to be named as the respondent
Go to a hearing before yours to see how things work: the public are allowed to attend. You can find out about upcoming hearings by checking the schedule at First-tier Tribunal (Property Chamber) Residential Property, Cambridge County Court, 197 East Road, Cambridge, CB1 1BA telephone: 01223 841 524 email rpeastern@justice.gov.uk.
Be especially well prepared to defend against claims by the landlord for costs to be offset against the rent paid
On the day of the hearing, make sure you allow plenty of time for security checks at the entrance to the tribunal building. Allow at least 15 minutes for this.
Evidence is often in the form of text/whatsapp/etc. message screenshots. Often these don't have full dates, so they need to be carefully compiled in chronological order with the dates clearly marked.