Rent Repayment Orders

Rent Repayment Orders

Rent Repayment Orders in England enable tenants to claim back up to 12 months’ rent paid in respect of a tenancy to a landlord who has committed an offence listed in the Housing and Planning Act 2016.

The legislation also entitles local authorities to claim back housing benefit in the same way, with provision for when the rent has been partially paid via Housing Benefit or Universal Credit for repayment to be made proportionately between the local authority and the tenant.

It is worth noting that it is not necessary for the landlord to have been convicted of the offence, so long as the claimant can prove the offence took place.

Relevant offences are:

• 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 made 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; and
• Illegal eviction or harassment of the occupiers of a property under section 1 of the Protection from Eviction Act 1977.
• Having control of, or managing, an unlicensed property, under s.95 Housing Act 2004
• Having control of, or managing, an unlicensed house in multiple occupation, under s.72 Housing Act 2004.

All claims must be made within 12 months of the alleged offence.

If you are a landlord or tenant and you want to make or defend a Rent Repayment Order claim, we will be happy to hear from you. We can lodge a claim on your behalf or defend a claim made against you.

Costs

The tribunal charges a fixed fee of £100 to lodge a claim for a Rent Repayment Order, with an additional fee of £200 if the claimant, the landlord or the tribunal decides a hearing is necessary. Some help with tribunal fees is available, by application.

This article is intended as guidance only and should not be taken as legal advice. For expert consultation of all aspects of property, conveyancing and leaseholds, contact our property team leader, Scott Morris at Ardens Solicitors on 020 7100 7098 or email: sm@ardenslaw.com