Claim Back Up to 12 Months’ Rent from Your Landlord
If your property wasn’t properly licensed, you may be able to apply for a rent repayment order.
With rents on the increase, 12 months' rent is a considerable sum. In this guide, our Landlord and Tenant Solicitors explain how you can claim rent back from your landlord.
Check if you qualify – book a free consultation today.
Claiming rent back from your landlord
Claiming rent back from your landlord may sound too good to be true, but it is possible to do so. How? By applying for a rent repayment order. A Rent Repayment Order Solicitor can write a letter before action to tell your landlord that is what they intend to do on your behalf. If a landlord knows that the law is firmly on your side, they may pay up without the need for you to apply for a rent repayment order.
How do tenants claim back rent from landlord?
Claiming the recovery of rent is simple in the hands of a specialist Landlord and Tenant Lawyer. A tenant can seek legal advice on tenant rights to understand if they can claim back rent from their landlord.
A tenant may have grounds to apply for a rent repayment order if:
- The applicant was a tenant or licensee of the landlord, and
- The landlord committed one of several offences, and
- The claim for a rent repayment order is made within 12 months.
The rent repayment order application process
The application process to secure a rent repayment order is:
- Advise the landlord of your intention to apply for a rent repayment order by sending a letter before action.
- Submit Form RRO1.
- The First-tier Tribunal considers the application and supporting evidence.
- If satisfied beyond a reasonable doubt that the landlord has committed a relevant offence, the tribunal will make a rent repayment order.
- The tribunal assesses the amount of the rent repayment order and decides if the landlord should be ordered to pay all or a proportion of the tenant’s legal costs.
The offences that give a tenant the right to claim back rent from their landlord
Here are the offences that can result in a tribunal making a rent repayment order:
- A landlord having control of, or managing, an unlicensed house in multiple occupation (HMO) contrary to Section 72 of The Housing Act 2004.
- A landlord having control of, or managing, an unlicensed property contrary to The Housing Act 2004.
- A landlord has engaged in illegal eviction or harassment contrary to Section 1 of The Protection from Eviction Act 1977
- A landlord has used or threatened violence to secure entry into the rental premises, contrary to Section 6 of The Criminal Law Act 1977.
- A landlord failing to comply with an improvement notice, prohibition order or an emergency prohibition order under Section 30 and 32 of The Housing Act 2004.
- A landlord being in breach of a banning order.
The threshold to secure a rent repayment order
Many tenants do not realise that their landlord does not need to have been convicted of one of the offences to secure a rent repayment order. To make the order, the tribunal must be satisfied beyond a reasonable doubt that the landlord has committed a relevant offence under Section 40(3) of The Housing and Planning Act 2016.
A Landlord and Tenant Lawyer can explain what evidence will need to be submitted to meet the required criminal standard of proof in cases where the landlord was not prosecuted and convicted of an offence.
HMO licensing and rent refund
One of the common reasons for a rent repayment order application is situations where a landlord should have obtained an HMO licence from the local authority, but failed to do so. Some landlords ignore the law, while others do not realise that their HMO requires a licence because each local authority has its own rules on licensing requirements. However, ignorance of the law on HMO licensing is no defence.
If you are a tenant who is unsure if you are living in an HMO or not, or if the property has a license, then speak to a Rent Repayment Order Solicitor today to see if you can bring a claim.
How OTS Solicitors can help you with your rent repayment order claim
At OTS Solicitors, we take pride in our track record of success in rent repayment order claims. Many claims can be settled with a robust letter before action, thus avoiding the need for a tribunal hearing. We put our winning streak in tribunal representation down to our careful work and attention to detail. We will check that you have a good claim and gather the evidence to help you secure your order.
Check if you qualify – book a free consultation today.
Frequently Asked Questions on Rent Repayment Orders
What is a rent repayment order?
An RRO is an order requiring a landlord who has committed a specified offence to repay rent to either the tenant or to the local authority if the tenant received housing benefit or the housing element of universal credit.
Who can apply for a rent repayment order?
You do not have to be a tenant to be eligible to apply for an RPO. A licensee or a local authority can also make an application.
How much rent can I recover through an RRO?
You can claim repayment of up to 12 months’ rent. However, the rules say that the application cannot include a claim for rent paid before the offence occurred. In some scenarios, the tribunal must order the maximum award. However, depending on the offence, in other scenarios, the tribunal can exercise its discretion and order that less than 12 months' rent be repaid.
What is the deadline to make a rent repayment order claim?
Your application must be made within 12 months of the offence. If the offence is not ongoing, this means the last date the offence was committed must have been within the 12 months before the RRO application.
Check if you qualify – book a free consultation today with our Rent Repayment Order Lawyers.
Appointments are available at our offices in central London, as well as by phone or online consultation.
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