What is a Rent Repayment Order?
Landlords and tenants need to understand what a rent repayment order is and when a tenant is entitled to apply for one.
A rent repayment order involves tribunal proceedings. Our Landlord and Tenant Solicitors in London can advise you on a rent repayment order application or defend your interests if you have been served with an application.
What is a rent repayment order?
A rent repayment order is an order that requires a landlord to repay rent, housing benefit or universal credit if the landlord has either:
- Committed a relevant offence, or
- The tenant or the local housing authority can prove that a relevant offence has been committed.
The standard of proof is the criminal standard: beyond a reasonable doubt.
The rent repayment order reimburses the tenant for rent paid during a period when the landlord was not entitled to rent because they were acting unlawfully, and the landlord has either been convicted or the standard of proof threshold has been met.
What is a relevant offence for a rent repayment order?
The offences that could lead to the making of a rent repayment order are contained in Section 40(3) of the Housing and Planning Act 2016.
The offences are:
- Using or threatening violence for securing entry into premises contrary to Section 6 of the Criminal Law Act 1977.
- Illegal eviction or harassment contrary to Section 1 of the Protection from Eviction Act 1977.
- Failure to comply with prohibition orders contrary to Section 32 of the Housing Act 2004.
- Failure to comply with an improvement notice issued by a local authority contrary to Section 30 of the Housing Act 2004.
- Breach of a banning order contrary to Section 21 of the Housing and Planning Act 2016.
- Having control of, or managing, an unlicensed property where the property or the area requires it, contrary to Section 95 of the Housing Act 2004.
- Having control of, or managing, an unlicensed HMO property contrary to the Housing Act 2004.
Procedure for a rent repayment order
The procedure for a rent repayment order involves four stages:
- Application to the First-tier Tribunal (Property Chamber) by the tenant, former tenant or the relevant local authority.
- Hearing of the application by a panel of judges. The applicant and the landlord can make representations.
- Written decision.
- Payment – if the tribunal makes a rent repayment order, they will specify a payment date. If payment is not made, the order can be enforced.
Time limit to apply for a rent repayment order
The law states that the offence the landlord is alleged to have committed, which serves as grounds for the rent repayment order application, must have occurred within the last 12 months, ending on the day the application is made.
Appealing a rent repayment order
A landlord has the right to appeal against a rent repayment order. The appeal is to the Upper Tribunal. The appeal application must be made within 28 days of the rent repayment order.
How much rent is repayable under a rent repayment order?
A tenant can claim up to 12 months' rent back from their landlord or former landlord.
If the tribunal finds in favour of the applicant, there are specific rules it must follow when assessing the amount payable by the landlord.
If the landlord has been convicted of one of the relevant offences, the tribunal must make the maximum 12-month rent repayment order.
If the landlord has not been convicted of a relevant offence, but the tribunal has assessed the burden of proof and made a rent repayment order, the tribunal can determine the amount of the refund. The tribunal will consider:
- The severity of the actions leading to the rent repayment order.
- The conduct of the landlord and tenant.
- The landlord's financial circumstances.
- The landlord’s previous convictions.
How OTS Solicitors can help you
At OTS Solicitors, our Rent Repayment Order Lawyers represent tenants and landlords seeking housing legal advice on rent repayment orders. In every case, we carefully consider the evidence and advise on the prospects of the tribunal making a rent repayment order, as well as the amount, where the tribunal has discretion over the size of the award.
If there is overwhelming or compelling evidence to justify the making of an order, we will recommend negotiating a settlement on behalf of a landlord. Negotiation can sometimes result in a better outcome than tribunal proceedings.
When tribunal hearings are unavoidable, we will represent your interests and protect your rights, whether you are a landlord or a tenant.
Appointments are available at our offices in central London, as well as by phone or online consultation.
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