Rent Repayment Orders: What Landlords in England Risk Under the New Rules

TL;DR: Rent Repayment Orders Explained

A rent repayment order (RRO) is a First-tier Tribunal decision forcing landlords to repay rent to tenants or local authorities — up to 24 months' worth, potentially costing tens of thousands of pounds. The Renters' Rights Act 2025 dramatically expands the grounds on which tenants can claim, now including failure to register on the Property Portal, providing false information to the Portal, failing to meet the Decent Homes Standard, and marketing an unregistered property. According to First-tier Tribunal (Property Chamber) procedure rules, the tribunal can determine whether an offence occurred on the balance of probabilities — you do not need to have been convicted first. The best defence is systematic compliance across all applicable offences: register on the Property Portal, maintain all safety certificates, ensure your property meets the Decent Homes Standard, and keep comprehensive records. Prevention is cheaper than any tribunal award.

Rent Repayment Orders: A Growing Risk for Private Landlords

Rent repayment orders (RROs) are one of the most powerful financial penalties a tenant in England can bring against a landlord — and under the Renters' Rights Act 2025, the scope for these claims has expanded significantly. If you are a private landlord letting property in England, understanding how rent repayment orders work is no longer optional. It is essential to protecting your income and your reputation.

An RRO is an order made by the First-tier Tribunal (Property Chamber) requiring a landlord to repay rent to a tenant — or, as outlined in Ministry of Housing guidance, to repay housing benefit or Universal Credit housing costs to the relevant local authority. The amounts involved can be substantial: up to 24 months' worth of rent.

A single rent repayment order can cost a landlord tens of thousands of pounds — and the expanded grounds under the Renters' Rights Act 2025 mean more landlords than ever are at risk.

What Is a Rent Repayment Order and How Does It Work in England?

Rent repayment orders were first introduced by the Housing Act 2004 and later expanded by the Housing and Planning Act 2016. They were designed as a deterrent against landlords who commit specific housing offences — giving tenants a direct financial remedy without needing to pursue a criminal prosecution first.

The key principle is straightforward: if a landlord commits a qualifying offence, the tenant who paid rent during the period of that offence can apply to the First-tier Tribunal to have some or all of that rent repaid. Local authorities can also apply on behalf of tenants receiving housing-related benefits.

The Original Qualifying Offences

Before the Renters' Rights Act 2025, the offences that could trigger a rent repayment order in England included:

• Failure to comply with an improvement notice (Housing Act 2004, section 30)
• Failure to comply with a prohibition order (Housing Act 2004, section 32)
• Operating an unlicensed HMO (Housing Act 2004, section 72)
• Breach of a banning order (Housing and Planning Act 2016, section 23)
• Using violence to secure entry to a property (Criminal Law Act 1977, section 6)
• Illegal eviction or harassment of occupiers (Protection from Eviction Act 1977, section 1)

These offences already posed a meaningful risk. But the list has now grown.

Expanded Grounds Under the Renters' Rights Act 2025

The Renters' Rights Act 2025 adds several new offences to the list of qualifying grounds for rent repayment orders in England. According to analysis by Shelter and Citizens Advice, this is one of the most significant — and least discussed — changes in the new legislation.

From the commencement date, tenants in England will be able to apply for a rent repayment order on additional grounds, including:

• Failure to register on the Property Portal. The new landlord registration and Property Portal system requires all private landlords in England to register themselves and their properties. Failure to do so is a qualifying offence.
• Providing false or misleading information to the Property Portal. Submitting inaccurate details about your property, its condition, or your compliance status can trigger an RRO.
• Failure to comply with the Decent Homes Standard. The extension of the Decent Homes Standard to the private rented sector means landlords who let substandard properties face RRO exposure. Under the new rules, properties must meet standards for thermal comfort, hazard-free conditions, reasonable state of repair, and modern facilities. Landlords letting properties that fall below these thresholds can face rent repayment claims from their tenants.
• Marketing or letting a property without a valid registration. Advertising a property for rent without having completed your Property Portal registration is a separate offence.

These expanded grounds represent a shift in approach. Previously, RROs were largely reserved for the worst offenders — rogue landlords running dangerous, unlicensed HMOs or illegally evicting tenants. Under the new rules, a wider range of non-compliance can trigger a tenant claim to get rent back, including failures that many landlords might consider minor.

How Much Can Tenants Claim Through a Rent Repayment Order?

The financial exposure from a rent repayment order in England is significant. The tribunal can order repayment of up to 24 months' rent — calculated from the date of the application backwards. According to Ministry of Housing, Communities and Local Government statistics, typical RRO awards in unlicensed HMO cases range from £8,000 to £30,000, with cumulative rent over 24 months in high-rent areas potentially exceeding £40,000.

How the Tribunal Calculates the Amount

The First-tier Tribunal does not automatically award the maximum. It considers several factors when deciding how much rent the landlord should repay:

• The severity of the offence. A deliberate, sustained breach will attract a higher award than an inadvertent one-off failure.
• The landlord's conduct before and after the offence. Did you rectify the problem promptly once it was brought to your attention? Did you cooperate with enforcement?
• The tenant's behaviour. If the tenant has significant rent arrears, the tribunal may reduce the award.
• The landlord's financial circumstances. While not a decisive factor, the tribunal can take this into account.
• Whether the landlord has been convicted. If the landlord has already been convicted of the offence, the tribunal must order repayment of the maximum amount — the full rent paid during the relevant period, up to 24 months.

To put this in practical terms: if your rental property in England generates £1,200 per month and a tenant successfully claims a rent repayment order covering the full 24-month period, the maximum liability is £28,800. Even a partial award could run into five figures.

If a landlord has been convicted of the offence, the tribunal has no discretion — it must order repayment of the maximum amount.

The First-Tier Tribunal Rent Repayment Process

Understanding how the tribunal process works is important for any landlord facing a potential claim in England.

Step 1: The Tenant Files an Application

A tenant (or local authority) applies to the First-tier Tribunal (Property Chamber) for a rent repayment order. The application must identify the specific offence relied upon and the period for which rent repayment is sought.

Step 2: Notice to the Landlord

The tribunal notifies the landlord of the application. You will receive copies of the tenant's application and supporting evidence, and you will be given a deadline to file a response.

Step 3: Written Representations or Hearing

Many RRO cases are decided on the papers — written submissions from both sides. However, either party can request an oral hearing, and the tribunal may direct one if the case involves disputed facts. Hearings are typically held at a regional tribunal centre, though remote hearings by video have become common since 2020. According to tribunal service guidance, the process from application to final decision typically takes 3 to 6 months.

Step 4: The Tribunal's Decision

The tribunal decides whether the qualifying offence has been committed and, if so, the amount of rent to be repaid. Its decision is binding and enforceable as a county court judgment.

Step 5: Enforcement

If the landlord does not pay, the tenant can enforce the order through the county court — including using bailiffs, attachment of earnings, or charging orders against property.

Landlord Defences Against a Rent Repayment Order

Facing a rent repayment order application does not mean you will automatically lose. There are several defences and mitigating arguments available to landlords in England.

Challenging Whether the Offence Was Committed

The most fundamental defence is to argue that the qualifying offence did not occur. For example, if the tenant claims you failed to register on the Property Portal, you can produce evidence of your registration. If the claim relates to an unlicensed HMO, you may be able to show the property does not meet the HMO definition.

Reasonable Excuse

For certain offences, a landlord can argue they had a reasonable excuse for the non-compliance. This is fact-specific and the tribunal will scrutinise the explanation carefully, but genuine circumstances — such as relying on incorrect advice from a letting agent or a delay caused by circumstances beyond your control — can be relevant.

Reducing the Award Amount

Even if the offence is established, you can present arguments to reduce the amount ordered. Evidence that you acted promptly to rectify the breach, that you have otherwise been a responsible landlord, or that the tenant has significant rent arrears can all reduce the final figure.

Procedural Challenges

Check the application carefully. Is it within the relevant time limits? Has the tenant identified a valid qualifying offence? Is the rent calculation correct? Procedural errors in the application can provide a basis for challenge.

How to Avoid Triggering a Rent Repayment Order

Prevention is always better than defence. Here are the practical steps every private landlord in England should take to minimise the risk of a rent repayment order.

Register on the Property Portal

Once the Property Portal launches, register promptly and accurately. Ensure all property details are correct and keep your records updated. The Property Portal registration guide walks you through what to expect.

Maintain Valid Safety Certificates

Many RRO-triggering offences relate to safety compliance failures. Keep your gas safety certificate current. Ensure electrical safety inspections, EPC ratings, and smoke and carbon monoxide alarms are all in order. A systematic approach to compliance eliminates the most common grounds for a tenant claim to get rent back.

Comply with Licensing Requirements

If your property is an HMO — or is in an area subject to selective or additional licensing — make sure your licence is valid and its conditions are met. Unlicensed operation remains one of the most common grounds for rent repayment orders in England.

Follow Correct Rent Increase Procedures

Improper rent increases can lead to disputes that escalate into broader compliance investigations. Follow the correct rent increase process to keep your tenancy management above reproach.

Respond to Improvement Notices Immediately

If your local authority issues an improvement notice or prohibition order, treat it as urgent. Compliance within the specified timeframe removes the offence. Delay or inaction creates RRO exposure.

Keep Comprehensive Records

Document everything: safety certificates, licence applications, registration confirmations, correspondence with tenants, and maintenance records. If a tenant applies for a rent repayment order, your records are your primary evidence in the First-tier Tribunal.

The best defence against a rent repayment order is never giving a tenant grounds to make one. Systematic compliance is cheaper than any tribunal award.

The Bigger Picture: RROs as Part of the New Enforcement Landscape

Rent repayment orders do not exist in isolation. Under the Renters' Rights Act 2025, they sit alongside a broader enforcement framework that includes local authority financial penalties of up to £40,000, banning orders, and the public-facing Property Portal. A landlord who triggers an RRO may also face parallel enforcement action from the local council.

The government's intention is clear: to create multiple, overlapping consequences for non-compliance so that the financial incentive always favours doing things properly. For responsible landlords in England, this should not be alarming — but it does mean that cutting corners, even unintentionally, carries greater risk than it did before.

Frequently Asked Questions About Rent Repayment Orders

Can a tenant claim a rent repayment order if I was not convicted of an offence?

Yes. The First-tier Tribunal can determine whether you committed a qualifying offence on the balance of probabilities — the same standard of proof used in civil cases. You do not need to have been prosecuted or convicted for a tenant to make a successful RRO claim against you.

What is the maximum amount a landlord can be forced to repay?

The maximum is 24 months' rent, calculated backwards from the date of the application. If you have been convicted of the offence, the tribunal must order the full amount. If not convicted, the tribunal has discretion to award less based on factors such as the severity of the breach, your conduct, and the tenant's circumstances.

What is the time limit for making a rent repayment order application?

A tenant must apply within 24 months of the date on which the offence was committed. For continuing offences (such as failure to register on the Property Portal), the offence is ongoing until you comply — meaning the 24-month clock does not start until you rectify the breach.

Can I be ordered to repay rent even if the tenant is in arrears?

Yes, but the tribunal will typically reduce the amount awarded to reflect any unpaid rent. If you are owed substantial arrears, this can significantly reduce the final RRO sum — but it will not eliminate it entirely if the offence is proven.

Do I have a right to appeal an RRO award?

You can apply for permission to appeal to the Upper Tribunal (Lands Chamber) if you believe the First-tier Tribunal made an error of law. You cannot appeal simply because you disagree with the tribunal's decision on the facts. Permission to appeal is granted only where there is a real prospect of success or some other compelling reason for the appeal to be heard. The appeal process typically takes several additional months.

Will a rent repayment order appear on my Property Portal record?

Yes. Under the Renters' Rights Act 2025, the Property Portal will include enforcement history, including rent repayment orders, financial penalties, and banning orders. This information will be visible to prospective tenants and to local authorities conducting compliance checks.

How long does the tribunal process take?

According to tribunal service guidance, the process from application to final decision typically takes 3 to 6 months, though complex cases involving disputed facts or oral hearings may take longer.

Protecting Yourself as a Landlord in England

Rent repayment orders are not new, but the expanded grounds under the Renters' Rights Act 2025 mean they are relevant to a much wider group of landlords in England than before. The addition of Property Portal offences alone brings every private landlord within the potential scope of an RRO claim.

The practical takeaway is this: treat compliance as a non-negotiable cost of being a landlord. Register on the Property Portal. Maintain your safety certificates. Ensure your property meets the Decent Homes Standard. Respond to enforcement notices promptly. Keep records. And if you receive a rent repayment order application, take it seriously from day one — seek legal advice, file your response on time, and present your case properly to the First-tier Tribunal.

The landlords who will be most affected by these changes are those who are not paying attention. By reading this guide, you have already taken the first step towards making sure that is not you.