Rent repayment orders
If a landlord or agent has committed, or been convicted in Court, of certain offences, the tenants and/or the Council can apply for a Rent Repayment Order. This requires the landlord or agent to pay the equivalent of up to 12 months’ rent.
For a Redbridge Landlord, they may have to pay over £17,000 for a two bed property.
The offences
- A landlord/owner/agent who fails to obtain a licence for a Mandatory or Additional House in Multiple Occupation (HMO) (under Housing Act 2004, sections 72 & 73)
- A landlord/owner/agent who fails to obtain a licence for a Mandatory or Additional House in Multiple Occupation (HMO) (under Housing Act 2004, sections 95 & 96)
- Failure to comply with an Improvement Notice (under section 30 of the Housing Act 2004)
- Failure to comply with a Prohibition Order (under section 32 of the Housing Act 2004)
- Breach of a banning order (under section 21 of the Housing and Planning Act 2016)
- Using violence to secure entry to a property (under section 6 of the Criminal Law Act 1977)
- Illegal eviction or harassment of the occupiers of a property (under section 1 of the Protection from Eviction Act 1977)
How can a tenant claim back rent through a rent repayment order?
If you are a tenant and you think your landlord or agent has committed any of the offences above, then you may be able to claim back rent through a rent repayment order. You can apply for a rent repayment order even if your landlord has not been convicted of the offence.
To claim you must:
- Calculate and prove the amount of rent you have paid. Tenants cannot claim rent paid by housing benefit/universal credit
- Decide if it is worth applying for a rent repayment order
- Gather the evidence of the offence (as listed above)
- Ensure the rent repayment order application is made within 12 months of the last date that the offence has been committed
- Put together a case evidence file/bundle.
- Make an application to the First-tier Tribunal (Property Chamber)
- Follow the First-tier Tribunal (Property Chamber) directions and deadlines
Please note, Redbridge Council at this time cannot make an application on your behalf and you are advised to seek your own legal advice.
There is no statutory obligation on the Council to support a claim by a tenant for a rent repayment order. The First-tier Tribunal (Property Chamber) is not operated by the Council but by HM Courts and Tribunal Service.
Further guidance on the Government’s rent repayment order pages
Will a tenant get the full 12 months' rent?
It is important to understand that the maximum that can be repaid under the rent repayment order is up to 12 months’ rent. However, the Tribunal must exercise discretion as to the rent repayment order amount. If they have been directed that the maximum amount should be made in only the most serious cases. So, there is a risk it may not be worth applying for a rent repayment order as a tenant may receive a much smaller rent repayment order amount than applied for.
In deciding the amount of an rent repayment order, the First-tier Tribunal will assess:
- What is the maximum rent for the relevant period
- They may subtract any amount for utility payments that only benefited the tenant, for example, gas, electricity, and internet access
- They will consider the seriousness of the offence and consider whether any deduction or addition should be made
- The financial circumstances of the landlord
- The conduct of the landlord and the occupier
- If the landlord has been convicted of an offence for which a rent repayment order can be made
How to gather evidence
If you believe your landlord has committed an offence (listed above) then to apply for an rent repayment order you will need to prove this to the ‘criminal standard’ of proof. This means that the First-tier Tribunal must be satisfied beyond reasonable doubt that the landlord has committed the offence or has been convicted in the courts of the offence.
Your first step is to contact the Private Sector Housing (PSH) Team at the Council, as we are the lead enforcement authority for the offences that have been committed in Redbridge. If the PSH Team have taken a successful prosecution they will be able to ask their Legal Team to obtain a ‘Certificate of Conviction’. This provides you with the evidence of a relevant conviction in the Courts. Please note this may take several weeks to obtain.
If we have not taken a prosecution, we still may have evidence to help you prove the offence. If we are not aware of the offence then we may investigate, which can take some time. We will endeavour to assist you where information is available and resources allow. For example, if you are applying because you think the property was unlicensed then we may be able to provide you with information that the property was in an area that required it to be licenced and no property licence application was made or licence issued.
When you contact the PSH team please include your full name, current address, phone number, the address of the property where you believe the offence was committed, the name and address of your landlord, the offence you believe was committed and the date/s you believe the offence took place.
You can contact the PSH team with the above information at Housing.Standards@redbridge.gov.uk
Please note we aim to respond within 14 days, but please do contact us early if you have received direction from the First-tier Tribunal (Property Chamber).
How to apply for an RRO?
Before applying for the rent repayment order, you should make sure that you will be able to produce all the documents and evidence needed.
You will have to fill in an application form to the First-tier Tribunal (Property Chamber) and include on it the grounds for making the application (i.e why you are making the application, what offences has the landlord committed and the amount of repayment you are looking for.)
You will have to pay an application fee to the First-tier Tribunal (currently £100) and later on, if there is to be a hearing you will need to pay a further hearing fee (currently £200).
The First-tier Tribunal will then contact the landlord to make them aware of your application and they will confirm receipt of your form and payment. The paperwork will refer to the tenant as the ‘Applicant’ and the landlord as ‘Respondent’.
The First-tier Tribunal will then process the application and send further directions requesting the availability of ‘Applicant’ and ‘Respondent’ for a proposed hearing date.
Later the Tribunal will set deadlines and specific instructions, which can be to seek mediation, and/or submit all the evidence and documents to both the Tribunal and the Landlord. The Landlord will normally also get directions in which to enter into mediation and submit their defence case and documents they wish to rely on.
There will normally be a live hearing (either virtually or in person at the Tribunal offices) in which you will have to present your case and the landlord will present theirs. Although the Tribunal may decide not to have a live hearing and make their ruling based on the paperwork both sides, depending on both parties and the Tribunal agreeing to this. The Tribunal may also decide they wish to visit the property before the hearing.
After the hearing, the First-tier Tribunal will then make their decision and reasoning in around six to eight weeks, which will be sent to all parties.
View the Tribunal's recent decisions.
If either party disagrees they can make an application to appeal to the Upper First Tier Tribunal.
Rent repayment order help and assistance
If you would like more help and advice to seek a rent repayment order or would like someone else to take action on your behalf, the organisations below can assist you,
- Justice for tenants - will freely share their experience, knowledge and advice to help. They can also carry out all aspects of the RRO for you and pay any Tribunal Fees on your behalf.
- Citizens Advice - offers confidential advice online, over the phone, and in person, for free.
- Shelter - offers advice and support locally, online and over the phone.
- The Law Society - you can contact a local housing solicitor.
