Rent Repayment Order: recovering unlawfully paid rent

An order by the First-tier Tribunal directing a landlord to repay up to 24 months of rent for breaching the Renters' Rights Act 2025. Your right to be refunded for unlicensed lets, disrepair, unlawful eviction and other breaches.

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

For breaches that occurred on or after 1 May 2026 (when the Renters' Rights Act 2025 came into force), you can claim rent from the date of the breach back up to 24 months prior. For breaches occurring before 1 May 2026, you may have separate rights under earlier law. Importantly, if your case is still ongoing in the First-tier Tribunal or court, the 24-month cap runs from the date of the order, not the date you apply.

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. For HMOs, a property is an HMO if it has 3+ storeys and 5+ occupants in 2+ households. 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 24-month cap is fixed and runs from the date of the order — it does not change based on who was living in the property. If you and a partner shared the tenancy and one of you moved out, you can still claim, but only for the 24 months before the order. If your claim relates to a period before the other tenant left, both of you may have separate claims, but again capped at 24 months.

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.

Rent Repayment Order

Rent Repayment Order: recovering unlawfully paid rent

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A Rent Repayment Order is an order made by the First-tier Tribunal (Property Chamber) requiring a landlord to repay rent to a tenant for a breach of the Renters' Rights Act 2025 or other housing law. The order covers up to 24 months of rent paid during the period of the breach. Common grounds are unlicensed letting, letting a property in disrepair, breaching the deposit protection scheme, and unlawful eviction. The order is a civil remedy; it does not result in prosecution or criminal conviction.

Renters' Rights Act 2025

First-tier Tribunal Rules

— Housing and Property Chamber

24 months' rent (Renters' Rights Act 2025, amended June 2026)

What breaches justify a Rent Repayment Order?

The main grounds are:

The 24-month cap — and what it means

You can claim rent for up to 24 months before the date of the tribunal order. This is crucial:

you are capped at 24 months, regardless of how long the breach lasted.

If your landlord failed to protect your deposit for 3 years, you can only claim back 24 months of rent.

The 24-month period runs

backwards from the date the tribunal makes the order,

not from the date you apply. So if you apply today but the tribunal hears your case in 4 months' time and makes an order then, the 24 months runs from that order date — meaning you lose 4 months of potential claims.

evidence and fast action matter.

Keep detailed records of breaches as they occur. If the breach is ongoing (disrepair that is not fixed), document each month. The sooner you apply, the more months of rent are within the 24-month window.

How to apply for a Rent Repayment Order

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 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;

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.

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 (3+ storeys, 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.

June 2025 back to June 2023

Your tenancy overlap:

January 2024 to June 2025 (18 months)

Rent Repayment Order (if tribunal agrees):

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.

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.

Get your rent back. Free advice included.

Start My Claim guides you through applying for a Rent Repayment Order step by step.