Rent repayment orders in 2026: how landlords can be forced to repay up to 2 years' rent
A rent repayment order (RRO) forces a landlord to repay rent, Universal Credit or housing benefit to a tenant or council, after committing certain housing offences. It is decided by the First-tier Tribunal (Property Chamber), not a criminal court, without a criminal conviction needed first. Since the Renters' Rights Act took effect on 1 May 2026, the stakes have roughly doubled: tenants and councils have longer to apply, and Tribunals can award twice as much as before. This guide explains what triggers one, who can apply, and how to stay off the list.
What changed on 1 May 2026
- The maximum award doubled from 12 months' rent to 24 months' rent.
- The time limit to apply doubled too - a tenant or council now has 2 years from the offence, not 1.
- RROs can now reach further than the named landlord - superior landlords and company directors or officers can be held personally liable too.
- Two new offences were added, both tied directly to the Act's possession rules: misusing a possession ground, and breaching the re-letting restrictions after using one.
This applies to offences on or after 1 May 2026 - anything earlier still falls under the old 12-month rules.
The offences that trigger an RRO
A tenant or council does not need to prove you were convicted of a crime. The Tribunal only needs to be satisfied beyond reasonable doubt - the criminal standard of proof, but decided in a housing tribunal rather than a court. These are the offences a self-managing landlord is most likely to run into:
| Offence | What it looks like | Maximum award |
|---|---|---|
| Illegal eviction, harassment or violence to secure entry | Changing locks, removing belongings, cutting off services or forcing a tenant out without a court order and bailiffs | Full 2 years' rent |
| Misusing a possession ground | Using Ground 1 or 1A (moving in or selling) to get the property back, then not doing what you said | Full 2 years' rent |
| Breaching letting or marketing rules after Ground 1 or 1A | Re-advertising or re-letting the property within the restricted period after using the sale or moving-in ground | Up to 2 years' rent |
| Letting an unlicensed HMO or selective-licensing property | Renting out a property that needed a licence, without holding one | Rent paid while unlicensed, capped at 2 years |
| Ignoring an improvement or prohibition notice | Not carrying out repairs or restrictions a council has formally ordered | Rent paid during the breach, capped at 2 years |
Who can apply, and how much
Either the tenant (or another occupier, such as a lodger) or the local authority can apply to the First-tier Tribunal using Form RRO1, within 2 years of the offence. A council must first serve a notice of intended proceedings giving the landlord at least 28 days to respond, and can still apply alongside a separate prosecution for the same offence. If the tenant received Universal Credit or housing benefit, any award splits proportionately between what they paid themselves and what went to the council.
For illegal eviction, harassment, violence or misusing a possession ground, the Tribunal starts at the full 2 years' rent, regardless of how long the offence lasted. For most other offences, such as an unlicensed HMO, the maximum is based on how long the breach actually ran, capped at 2 years - six months unlicensed means a maximum of six months' rent.
If you have already been convicted, fined, or had a previous RRO for the same type of offence, the Tribunal has no choice - it must award the maximum. Otherwise it has discretion, weighing your finances and conduct, the seriousness of the offence, and the tenant's own conduct, including whether they withheld rent or blocked inspections. An unpaid RRO is enforceable as a County Court debt.
How to stay off the list
- Never change locks, remove a tenant's belongings or cut off utilities to force someone out - go through the Section 8 process and wait for bailiffs.
- Keep HMO and selective licensing applications current before you let, not after a council chases you.
- Only use Ground 1 or 1A if you genuinely intend to move in or sell, and don't re-let inside the restricted period.
- Respond to improvement and prohibition notices on time, and keep a written record that you did.
- Serve notices on the current prescribed form with real evidence behind them - a correctly served Section 8 notice is your best protection against an RRO, not just your route to possession.
Serving it right starts with the right notice
Most of the offences above come from cutting corners on possession, not deliberate wrongdoing. Our Section 8 Notice Pack prepares the notice, grounds and serving letter from your answers, so you have a clean, correctly served notice on file.
See the Section 8 Notice Pack →Frequently asked questions
What is a rent repayment order? A rent repayment order is an order from the First-tier Tribunal (Property Chamber) requiring a landlord who has committed certain housing offences to repay rent, Universal Credit or housing benefit to a tenant or council. No criminal conviction is needed for the Tribunal to make one.
How much can a tenant or council claim back? Up to 2 years' rent, for offences committed on or after 1 May 2026. Some offences, such as illegal eviction or misusing a possession ground, start at the full 2 years regardless of how long they lasted. Others, such as an unlicensed HMO, are capped at however long the breach actually ran.
Do I need to have been convicted of a crime first? No. The Tribunal only needs to be satisfied beyond reasonable doubt - the criminal standard of proof, but decided in a housing tribunal rather than a criminal court. If you have already been convicted or fined for the same offence type, the Tribunal must award the maximum amount.
Can my tenant apply even if the council doesn't get involved? Yes. A tenant or other occupier can apply directly to the First-tier Tribunal using Form RRO1, within 2 years of the offence, whether or not the council takes any separate action.
This guide is general information for landlords in England, not legal advice for your specific circumstances. If you are facing an RRO application, or are unsure whether something you have done could trigger one, get specific legal advice.