Rent Repayment Orders

A Rent Repayment Order can be made if the First-tier Tribunal (Property Chamber) finds that a landlord has committed a specified offence. The Tribunal can currently order the landlord to repay up to 12 months’ rent to a tenant. The First-tier Tribunal can also order housing benefit (or universal credit) to be reimbursed to a Local Authority.

• Controlling/Managing an unlicensed HMO contrary to Section 72(1) of the Housing Act 2004;
• Controlling/Managing an unlicensed House contrary to Section 95(1) of the Housing Act 2004;
• Failure to comply with an improvement notice contrary to Section 30(1) of the Housing Act 2004;
• Failure to comply with a Prohibition Order contrary to Section 32(1) of the Housing Act 2004;
• Breach of a Banning Order contrary to Section 21 of the Housing and Planning Act 2016;
• Using violence for securing entry contrary to Section 6(1) of the Criminal Law Act 1977; and
• Eviction or harassment of occupiers contrary to Sections 1(2), (3) or (3A) of the Protection from Eviction Act 1977.

Yes, the time limit is 12 months, starting from the last date an offence was committed and ending on the final day of the 12-month period to submit a Rent Repayment Order Application to the First-tier Tribunal (Property Chamber). This was confirmed in a case handled by Freemans called Moh v Rimal Properties Ltd (2024) UKUT 324 (LC). 

A tenant to recover rent paid and a local authority to recover housing benefit (or universal credit).

Any immediate Landlord who commits a prescribed offence relating to residential property they own can have a Rent Repayment Order made against them.

The burden of proving an offence rest upon the Applicant(s) for the Rent Repayment Order. They are required to prove any offence(s) alleged to the criminal standard of ‘beyond reasonable doubt’, or to put the same test in another way, so that the Tribunal are ‘sure’.

In most cases, yes. Challenging the amount, often referred to as the quantum, of a Rent Repayment Order is a key aspect of the First tier Tribunal (Property Chamber) decision-making process. It is crucial to set out detailed arguments on quantum to maximise your chances of a favourable outcome. Freemans have extensive experience with important case law in this area and are particularly well-equipped to assist.  

However, in England (but not Wales), if the landlord has been convicted of or received a fixed penalty notice for any of the offences listed in the answer to question 2 above, apart from failing to have an HMO or selective licence, the Tribunal must order the maximum amount to be paid, unless there are exceptional circumstances.   

First-tier tribunals are required to consider the conduct of the landlord and the tenant; the financial circumstances of the landlord; and whether the landlord has convictions for certain offences.

No, Rent Repayment Orders are not criminal convictions and do not result in a criminal record. However, criminal cases can be brought by a Local Authority for the underlying allegation that leads to a Rent Repayment Order at the same time, which could potentially result in a conviction. It is fair to say, though, that most local authorities tend to deal with the allegations that could lead to a Rent Repayment Order through a civil penalty route. If the Local Authority issues a civil penalty notice, this is not a criminal conviction.

Yes, however, any appeal to the Upper Tribunal (Lands Chamber) must go through the process of obtaining permission to appeal. Permission to appeal against a Rent Repayment Order decision is initially sought from the First-tier Tribunal (Property Chamber), and if this is refused, an application can then be made to the Upper Tribunal (Lands Chamber).