Rent Repayment Order
Whether you are a tenant seeking to reclaim rent from a landlord or a landlord who needs to dispute such a claim, our experts can assist you with all aspects of rent repayment order proceedings.
Applying for a rent repayment order involves a strict legal process and can only be done where there are valid grounds. Whether you are a making an application or disputing one, you need to be confident that you understand your rights and take the right steps at the right time. This is where expert legal advice can make a huge difference.
At OTS Solicitors, our specialists can support both landlords and tenants across England and Wales with these applications. We can provide clear advice on your legal position and options, then handle all of the legal details for you, so you can be sure everything is being done correctly. With our experience, we can give you the best chance of securing the result you need.
For a detailed discussion regarding rent repayment orders or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.
Our team can provide clear advice on matters including:
- Applying for a rent repayment order as a tenant
- Disputing rent repayment orders as a landlord
Speak to our rent repayment order solicitors today
We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to us about a rent repayment order in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Our rent repayment order services
Applying for a rent repayment order as a tenant
As a tenant, you may be able to apply for a rent repayment order to reclaim rent you have paid to your landlord under certain circumstances. These circumstances can include situations such as where you have been illegally evicted, your landlord has harassed you, they have failed to comply with an improvement notice and where the property you are renting is not properly licensed.
You will need to apply to a specialist court called the First-tier Tribunal (Property Chamber) by completing a form and paying a fee. You may need to attend a hearing at the Tribunal as part of the process.
Our team can advise on whether you are likely to be eligible for a rent repayment order, then assist with completing the form and appear for you at a tribunal hearing if required.
Disputing rent repayment orders as a landlord
If you have been notified that your tenant or former tenant is seeking a rent repayment, you must take action. In many cases, it is possible to resolve these matters quickly and cost-effectively without the need to go through a formal tribunal process.
Where you believe the tenant does not have valid grounds to claim a rent repayment or that they are seeking more than is justified, then you can dispute the application. Alternatively, you may be able to negotiate an out-of-court settlement with the tenant to resolve the matter without the need for costly and time-consuming legal proceedings where the outcome is uncertain.
Our experts can provide clear rent repayment order guidance for landlords. In order to successfully dispute a rent repayment order, a landlord’s defence must be watertight. We can advise you on your legal position and the best way forwards to protect your interests. We can communicate with a tenant and negotiate a resolution where possible or represent you during tribunal proceedings.
Rent repayment orders explained
What is a rent repayment order?
A rent repayment order (RRO) is a court order than requires a landlord to repay rent to a tenant or a local authority. They can be applied for where a landlord has committed a specific offence, as set out in legislation (covered in more detail below).
Rent repayment orders can be a powerful tool for tenants who have been let down by their landlords, but they can be disputed if the landlord feels there are no proper grounds for a rent rebate or where the amount requested is not justified.
Can a tenant claim back rent?
A tenant can potentially claim back rent from their landlord if, as stated above, the landlord has committed a specific offence as set out in the relevant legislation (section 40(3) of the Housing and Planning Act 2016). The grounds on which a tenant may be able to recover rent payments with a rent repayment order are covered below.
What grounds are there to reclaim rent from a landlord?
Under section 40(3) of the Housing and Planning Act 2016, a tenant may be able to reclaim rent with a rent repayment order where their landlord has done one of the following:
- Used or threatened to use violence as a means of securing entry to the property
- Illegally evicted the tenant
- Harassed the tenant
- Failed to comply with the terms of an improvement notice
- Failed to comply with the terms of a prohibition order
- Breached a banning order
- Controlled or managed an unlicensed property
- Controlled or managed an unlicensed House in Multiple Occupation (HMO)
The landlord does not necessarily need to have been convicted of an offence in order for a claim to be made.
Can a landlord dispute a rent repayment order?
Yes, a landlord can dispute a rent repayment order if they feel the grounds under which it has been applied for are incorrect or the amount being sought is not justified. Our team can support landlords with disputing rent repayment orders, as well as advising on related matters, such as HMO licensing.
Is there a time limit for a rent repayment order?
Yes, the rent repayment order time limit is 12 months, meaning the offence the landlord committed that is being used as grounds for the application must have occurred within the last 12 months ending on the day the application is made.
Can you get a rent repayment order for disrepair?
You cannot seek a rent repayment order directly for disrepair issues, but you can seek one if your landlord has been served with an improvement notice and has failed to comply with the terms. If you are concerned about disrepair issues, you should normally seek to resolve these privately first and it may be possible to agree a rent reduction or rent rebate voluntarily with your landlord as part of this.
As stated above, you can also get a rent repayment order for HMO licensing discrepancies and a number of other issues.
Our fees for dealing with rent repayment orders
When seeking or opposing a rent repayment order, you need to understand the likely legal costs involved so you can make sure that these do not outweigh the value of the rent in dispute. To help with this, the team at OTS Solicitors will always be transparent about our fees and any other possible costs, such as court fees.
In some instances, we may be able to help on a fixed fee basis, for example, for assistance with making an application. For other matters, we may charge an hourly rate for ongoing support. To find out more about our fees, please get in touch and we will be happy to advise you.
Speak to us about rent repayment orders today
We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to us about a rent repayment order in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Your Questions and our answers about Rent Repayment Order
Thank you for your enquiry.
You should always check with your local authority directly on the requirements for an HMO Licence. Based on the information provided, you may need to obtain one and there can be penalties for applying for this retrospectively. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these issues within a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. Unless you come to a neogotiation, the contractual clauses will persevere and you should check the ‘notice’ section of the agreement. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry.
The claimant should have sent you a pre-action letter before action prior to proceeding straight to a claim. This is a part of the protocol for these disputes and would have given you the chance to respond and come to a settlement. I would suggest you get in touch to discuss this in further detail. For more information, please call 02039599123 or click here
Thank you for your enquiry.
Unless there is a specific clause in your agreement that either party is protected against future claims, your landlord cannot force you to sign this document. You may wish to raise a dispute with the Tenancy Deposit Scheme first and if this unsuccessful, please get in touch for an initial meeting. For more information, please call 02039599123 or click here
Thank you for your enquiry.
There are laws covering deposit protection and HMO requirements for tenancies and it appears that a number of these may have been breached by the landlord of the property. There are specific actions you may be able to take however we would need to have sight of the Tenancy Agreement and other documentation to determine the merits of any claim. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may be able to issue possession proceedings depending on the validity and expiry date of the Section 21 Notice. We would need to assess the merits and have sight of your documentation and statements to determine which course of action to take. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may wish to enter into negotiations with the agents or landlord to secure an early surrender and to minimise rent liability for the remainder of the contract. There are options available that you may be able to apply to strengthen your negotiating position and we suggest you contact the firm in order to discuss the merits. Please call 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these with a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry. If these disrepair issues have not been addressed since the time of reporting two years ago then you may have a valid claim under implied disrepair legislation. Repairs must be addressed within a ‘reasonable period’. For more information please call us on 02039 599123 or contact us here.
Thank you for your enquiry.
Your landlord should give you a minimum of 24 hours notice before turning up at your property and should always seek your permission first irrespective of what is contained in your tenancy agreement. Continuous breaches may amount to a form of harassment.
You can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
This would depend on the circumstances of your tenancy agreement and whether you are a tenant or licensee. Usually notices need to be served on a prescribed form such as section 8 or section 21 for the to be valid notices.
For more information, you can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
You may be in a position to challenge the rent increase and your landlord may then be required to submit a section 13 notice. You should however note that your landlord may take steps to evict you if you do not agree to the increase.
For more detailed information, you can call us on 02039 599123 or contact us here.