Rent Repayment Order: recovering unlawfully paid rent

An order by the First-tier Tribunal directing a landlord to repay rent after committing one of a fixed list of housing offences — up to 2 years’ rent for an offence on or after 1 May 2026, or 12 months for one before that — unlicensed letting, unlawful eviction or harassment, misusing a possession ground, and others.

How far back can I claim for a Rent Repayment Order?

Two limits work together, and both were 12 months for offences committed before 1 May 2026. First, a tenant may apply only if the offence was committed in the 2 years ending with the day the application is made (section 41(2)(b) of the Housing and Planning Act 2016). Second, the rent the tribunal can order back is measured against the offence: for a one-off offence it is rent paid in the 2 years ending with the date of the offence, and for a continuing offence it is a period of up to 2 years during which the landlord was committing it (section 44(2)). Both limits were 12 months until the Renters' Rights Act 2025 raised them to 2 years on 1 May 2026.

What evidence do I need to prove a breach?

For unlicensed letting, you need to show the property required a licence (it is in a selective licensing area, an HMO, or under planning control) and was let without one. Check your council's website for selective licensing zones. Mandatory HMO licensing rules turn on the number of occupants and households rather than the number of storeys, and councils can also run additional or selective licensing schemes, so check the licensing pages for the specific council. For an unlawful eviction, document the breach (text messages, emails, witness statements) and any loss or damage. For disrepair, photographs and written notices to the landlord are essential.

Can I claim for the tenant who lived with me before the 24 months?

The limit is measured against the offence, not against who was living in the property. If you and a partner shared the tenancy and one of you moved out, you can still claim for the rent you paid. Each tenant applies in their own right and each is subject to the same limits, so where a claim spans a change of occupants there may be separate applications rather than one.

What if my landlord admits the breach but refuses to pay voluntarily?

If the landlord admits the breach in writing (email, letter) but refuses to pay, you can still apply to the First-tier Tribunal to formalise the breach and secure an order. Having an admission in writing is powerful evidence that will speed up the process. Many landlords admit breaches but argue the amount — a tribunal will hear both sides on quantum.

Can I get interest on a Rent Repayment Order?

Interest is not automatically awarded, but you can ask for it. The tribunal has discretion to award statutory interest at 8% per annum on the repayment from the date of the order. Make this claim explicitly in your application.

What if I am claiming for multiple breaches at the same time?

You can apply for a single Rent Repayment Order covering multiple breaches (disrepair, unlicensed letting, unlawful eviction) in the same application, provided they overlap in time or relate to the same premises. The tribunal will calculate the total rent for the period covered and make one combined order. This is simpler than separate applications.

Do I have to have left the property to claim?

No. You can claim while still in the tenancy. However, practically, many tenants wait until they have left or have strong evidence of relocation, to avoid retaliation or tension with the landlord. If you are still living there, keep detailed records of all breaches and communicate by email or letter to create a written trail.

Can the landlord challenge my application?

Yes. The landlord can file a defence arguing the breach did not occur, that rent was paid legitimately, that they had a licence (disproving the unlicensed claim), or that you did not suffer loss. If the tribunal is not satisfied on the evidence that the breach is proved, they will reject the application. This is why evidence is so critical.

What breaches justify a Rent Repayment Order?

A Rent Repayment Order is not a general remedy for bad landlord behaviour. It is available only where the landlord has committed one of the offences in the table in section 40(3) of the Housing and Planning Act 2016. As that table stands after the Renters' Rights Act 2025, those offences are:

• Violence to secure entry — Criminal Law Act 1977, section 6(1).
• Unlawful eviction or harassment of an occupier — Protection from Eviction Act 1977, section 1(2), (3) or (3A).
• Misusing a possession ground — Housing Act 1988, section 16J(1): relying on a Schedule 2 ground knowing, or being reckless as to whether, the landlord could not obtain possession on it, where the tenant then gives up the tenancy within four months without a possession order being made. New from 1 May 2026.
• Re-letting or re-marketing in breach of the restriction that follows the use of certain possession grounds — Housing Act 1988, section 16J(2). New from 1 May 2026.
• Continuing a breach after a financial penalty has been imposed for it — Housing Act 1988, section 16J(3). New from 1 May 2026.
• Failing to comply with an improvement notice — Housing Act 2004, section 30(1).
• Failing to comply with a prohibition order — Housing Act 2004, section 32(1).
• Controlling or managing an unlicensed HMO — Housing Act 2004, section 72(1).
• Controlling or managing an unlicensed house where selective licensing applies — Housing Act 2004, section 95(1).
• Breaching a banning order — Housing and Planning Act 2016, section 21.

Two things are commonly assumed to be on this list and are not. An unprotected deposit is not a Rent Repayment Order ground: the remedy is a county court claim under section 214 of the Housing Act 2004 for the deposit plus one to three times its value, together with the bar on the landlord obtaining a possession order under section 215. Disrepair on its own is not a ground either — it becomes one only once the council has served an improvement notice or prohibition order and the landlord has failed to comply with it.

Since 1 May 2026 an order can also be made against a superior landlord, not only the immediate landlord, and against company officers in some circumstances.

The two limits — how far back, and how long you have

There are two separate 2-year limits, and they are measured against the offence rather than against the date of the tribunal's decision. Both were 12 months until the Renters' Rights Act 2025 raised them on 1 May 2026.

The deadline to apply. Under section 41(2)(b) of the Housing and Planning Act 2016 a tenant may apply only if the offence was committed in the 2 years ending with the day the application is made — or the 12 months ending with that day, if the offence was committed before 1 May 2026. Leave it longer than that and the tribunal cannot entertain the application at all.

The amount. The cap is 2 years’ rent for an offence committed on or after 1 May 2026, and 12 months for an earlier one. Taking the current rule: under section 44(2), for a one-off offence — violence to secure entry, unlawful eviction or harassment, or misusing a possession ground — the amount relates to rent paid in the 2 years ending with the date of the offence. For a continuing offence — an unlicensed HMO or house, failure to comply with an improvement notice or prohibition order, breach of a banning order, or a continuing breach under section 16J(3) — it relates to a period of up to 2 years during which the landlord was committing the offence. Either way, you are capped at 2 years however long the offence ran.

This is why evidence and prompt action matter. Keep records as events happen, and apply well inside your window — 2 years for an offence on or after 1 May 2026, or 12 months for one before that: the clock stops on the day you apply, not on the day the tribunal decides.

How to apply for a Rent Repayment Order

You apply to the First-tier Tribunal (Property Chamber) using the tribunal's online portal or paper form. The application is usually free or low-cost. You must state:

• The property address and tenancy dates
• The breach(es) you are claiming for (unlicensed letting, disrepair, etc.)
• The dates the breach occurred
• The monthly rent paid and the total rent you are claiming back
• The evidence you have of the breach (correspondence, photographs, witness statements)

The application is served on the landlord, who has a deadline (usually 4 weeks) to file a response. The tribunal then decides whether to hold a hearing or determine the case on the papers. Many simple cases (unlicensed letting with clear evidence) are decided without a hearing.

What evidence proves a breach?

For unlicensed letting: Proof that the property is in a selective licensing area or is an HMO, plus proof the licence was not held. Your council's website lists selective licensing areas; gov.uk has HMO guidance.

For disrepair: Photographs of the damp, mould or damage; copies of repair requests (emails, messages, letters) you sent the landlord; witness statements from family or visitors; council inspection reports if available.

For deposit protection breach: The prescribed information (how the deposit is held, terms, how to dispute it, and how to reclaim it) must be given within 30 days. If the landlord cannot produce this document, the breach is proved.

For unlawful eviction: Text messages, emails or letters from the landlord demanding you leave; proof they locked you out or removed your belongings; witness statements; police reports if you reported it.

What happens if you win?

The tribunal makes an order requiring the landlord to pay you the sum within a specified period (usually 28 days). If the landlord does not pay voluntarily, you can enforce the order through the court — taking bailiff action, obtaining a charging order against their property, or garnishing their bank account.

The order is also a public record, which affects the landlord's reputation and can be reported to letting agent registers and local council enforcement teams.

Can you claim while still in the tenancy?

Yes. You do not have to wait until you move out to apply. However, practically, many tenants apply after leaving to avoid retaliation or escalation of the dispute. If you are still in the property, keep detailed written records of all breaches and communicate with the landlord by email so you have evidence.

Rent Repayment Order — unlicensed HMO

You rented a room in a 5-bedroom house with 6 occupants in 3 separate households. The property is an HMO (5+ people, 2+ households) requiring a licence. Your landlord did not have one.

You paid £600/month for 18 months (January 2024 to June 2025), then moved out. Today (June 2026), you apply for a Rent Repayment Order. The offence ended before 1 May 2026, so the rules as they stood then apply: a 12-month cap on the rent recoverable, and 12 months from the offence ending in which to apply — which means you are close to the deadline.

Cap for this offence (12 months):

June 2025 back to June 2024

Your tenancy overlap:

January 2024 to June 2025 (18 months)

Rent Repayment Order (if tribunal agrees):

Evidence: You provide your tenancy agreement, proof of payment (bank statements), and a council search confirming the property required an HMO licence but had none. The tribunal makes the order.

Had the same offence been committed on or after 1 May 2026, the cap would be 24 months rather than 12, and you would have had 2 years to apply instead of 1. Your 18-month overlap would then be claimable in full — £10,800.

Rent Repayment Order — Renters' Rights Glossary

What a Rent Repayment Order is, the breaches that can justify one — unlicensed letting, disrepair, unlawful eviction — and how much rent can be repaid.