Rent repayment orders

Wednesday 30 January 2019

Rent repayment orders allow local authorities or tenants to seek rent repayment from a landlord for breaching certain obligations and legislation.

Rent repayment orders can be applied for by making an application to First Tier Tribunal. An application must be made within 12 months of the date that one of the following was committed by the landlord.

Failure to obtain the correct HMO license
Failure to apply for the correct selective license
Unlawful eviction
The landlord has been prosecuted by the local authority
Failure to comply with an Improvement Notice that has been issued
Unlawfully evicted or harassed the occupier
Breached any banning order

Prior to April 2017 only local authorities could apply for rent repayment orders for rent paid out via Universal Credit or Housing Benefit, the tenant themselves now can make an application.

Local authorities can only claim back rent that has been paid via the housing benefits or universal credit system.

RRO statistics

A total of 48 RROs were applied for by tenants and 14 applications made by local authorities.

A landlord can face having to repay up to 12 months’ rent to either the local authority or the tenant depending on how the rent has been paid over the 12 months prior.

The tenant does not need to inform their landlord they are applying for a Rent Repayment Order and they can remain a tenant at the address.

Revenues and benefits and housing team

When housing benefit teams are sending out team members to check on claimants and their rental property it will be worth cross referencing the details they receive.

This checking should include the name of the landlord and if the landlord has the appropriate licenses or if there is any historical information held on the landlord with regards to improvement notices issued and banning orders etc.

All local authorities should aim to keep a database of rogue landlords. London has a rogue landlord database, you can check it here and these databases will contain landlords who have committed a banning order offense or are subject to a banning order. More information is available here.