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

What is a rent repayment order?

A rent repayment order (RRO) is a First-tier Tribunal order requiring a landlord to repay rent to a tenant, or Universal Credit to the council, because the landlord committed one of a fixed list of housing offences. No conviction is needed, but the tribunal must be sure beyond reasonable doubt. For offences committed on or after 1 May 2026, the order can cover up to 2 years' rent, up from 12 months (Housing and Planning Act 2016, ss.40–46, as amended by the Renters' Rights Act 2025).

A tenant can apply if the offence related to housing let to them at the time, and it was committed in the 2 years before the application (s.41). A local housing authority can also apply for housing in its area. The Renters' Rights Act also extended RROs to superior landlords and, for some offences, company directors (Guide to the Renters' Rights Act).

Which offences can lead to an RRO

Only the offences in the table in s.40(3) count. As of September 2026 these are:

The Act also adds three PRS Database and ombudsman offences to the table: providing false or misleading information to the database, and continuing database or ombudsman breaches. These are not yet in force. The commencement regulations left them out (SI 2026/421, reg.3), and the database itself only starts rolling out from late 2026 (implementation roadmap). Simply failing to register will not, on its own, be an RRO offence. The RRO route opens only once the council has fined you and the breach continues, or where the information you gave was false.

For the unlicensed HMO offence, it is a defence that a valid licence application had been made and was still effective (Housing Act 2004, s.72(4)). Applying promptly limits the period an RRO can cover. See HMO and selective licensing.

How much the tribunal can order

The period the order can cover depends on the offence (s.44):

• One-off offences (violence for entry, eviction or harassment, misusing a possession ground): rent for the 2 years ending with the date of the offence.
• Re-letting in breach of the restriction: the same 2 years, or up to the end of the tenancy if earlier.
• Continuing offences (licensing, improvement notices, prohibition orders, banning orders, continuing breaches): a period of up to 2 years during which you were committing the offence.

The cap is the rent actually paid for that period, less any Universal Credit housing costs:

Within that cap, the tribunal must consider:

• the conduct of the landlord and the tenant;
• any rent the tenant received for the property, for example from subletting;
• your financial circumstances;
• whether you have been convicted of, or fined for, an RRO offence;
• whether you have had an RRO before.

When the maximum is mandatory. The tribunal must order the full amount if you were convicted of the offence, or received a financial penalty for it and can no longer appeal. The same applies if you have ever been convicted of, fined for, or had an RRO for the same offence before, unless exceptional circumstances make that unreasonable (s.46).

An unpaid order is recoverable as a debt (s.47). Appeals go to the Upper Tribunal (Lands Chamber) and need permission.

Which rules apply: decision table by date

The doubled maximum, the 2-year application window and the superior-landlord and director rules have no effect for offences committed before 1 May 2026. For a continuing offence that started before that date, the old rules still govern the part of the period before 1 May 2026 (SI 2026/421, reg.11). Before that date, the cap was 12 months' rent and tenants had 12 months to apply (s.41 and s.44 as at 30 April 2026).

How to reduce your exposure

• Check licensing first. Confirm whether your council runs additional or selective licensing, and apply before you let. A valid application is a defence to the licensing offence.
• Act on improvement notices and prohibition orders within the time they give.
• Never evict or pressure a tenant to leave without a court order, and only serve a Section 8 ground you can prove. See the full list of Section 8 grounds.
• Respect the re-letting restriction after taking possession to sell or move in. See Ground 1A: selling your rental property.
• Fix a tenancy-rules breach within 28 days of a civil penalty for it (for example, a penalty for purporting to grant a fixed term). Continuing it turns a £7,000 breach into an RRO offence under s.16J(3).
• Respond to any RRO application on time, with evidence. The tribunal must be sure beyond reasonable doubt, and your records of licences, notices and correspondence are how you answer the claim.

Frequently asked questions

Further reading

• Landlord Fines and Civil Penalties: What Councils Can Charge
• Renters' Rights Act 2025: What Landlords Need to Know
• Landlord Property Portal: What You'll Need to Register