What rent repayment orders actually are, and how landlords can stay clear of them
What rent repayment orders are, and how landlords can stay clear of them A Rent Repayment Order is a tribunal order requiring a landlord who has committed certain housing-related offences to repay rent to the tenant, to a local authority, or both.
The gov.uk guidance for tenants, published in April 2026 and updated to reflect the Renters’ Rights Act on 1 May 2026, sets out the framework clearly. For landlords, understanding the mechanism and the offences that trigger it is the most straightforward path to remaining outside its reach
What an RRO involves
An application is made by the tenant or local authority to the First-tier Tribunal. The Tribunal must be satisfied beyond reasonable doubt that the landlord has committed one of the qualifying offences. A conviction in a criminal court is not required before an application can be made. If the Tribunal is satisfied the offence occurred, it can order the landlord to repay up to two years of rent received from the tenant, including any rent paid through Housing Benefit or the Universal Credit housing element.
For offences committed before 1 May 2026, different rules apply: the maximum claimable was one year’s rent and the application had to be made within one year of the offence. For offences committed on or after 1 May 2026, the maximum is two years’ rent and the application window is two years from the date of the offence.
The qualifying offences
The Renters’ Rights Act expanded the list of offences that can trigger a Rent Repayment Order. As of 1 May 2026, the following can all give rise to an RRO application: operating an HMO without a licence where one is required; using a prohibited eviction method; harassing a tenant; failing to comply with an improvement notice issued under the Housing Act 2004; failing to comply with a prohibition order; breaching a banning order; failing to register on the Private Rented Sector Database once that requirement applies to the landlord’s region; knowingly or recklessly misusing a ground for possession; letting or marketing a property during a restricted period following use of the possession ground for moving in or selling; and continuing breaches of the tenancy reform rules introduced by the Renters’ Rights Act, including persistent failure to join the Private Rented Sector Ombudsman service once it is established.
Two of these, the Database and Ombudsman offences, are written into law but cannot yet be triggered in practice, since neither service has launched. The remaining offences, including misuse of a possession ground and letting during a restricted period, are live now.
Several of these offences are new to the RRO framework. The extension to cover PRS Database failure and misuse of possession grounds is particularly significant for landlords who may not have considered the financial risk associated with administrative or procedural errors.
The extension to superior landlords
From 1 May 2026, Rent Repayment Orders can be sought against superior landlords as well as the immediate landlord. Where a subletting arrangement exists and the offence is committed by the superior landlord, they can be the subject of an application. This change is relevant to any landlord who lets their property to a company or agent who in turn sublets to tenants.
How to stay clear
The qualifying offences are specific and documented. A landlord who is licensed where licensing applies, who uses only lawful possession grounds and processes, who does not let or market a restricted property during a prohibition period, who registers on the PRS Database when required, and who does not engage in any of the practices the Renters’ Rights Act prohibits, is operating entirely outside the circumstances that trigger an RRO application.
The framework is designed to address non-compliance, not to penalise landlords who are working within the law.
Talk to our lettings team about managing your compliance
This article was originally published by BriefYourMarket and is reproduced here with their permission.
For more company news and insights from Pygott & Crone, click here
Latest news
The autumn deadline student tenants need on their radar
The autumn deadline student tenants need on their radar Most of the changes introduced by the Renters' Rights Act on 1 May 2026 work in tenants' favour: stronger security of tenure, no more no-fault evictions, and the freedom to leave at any point with two months' written notice.
What your landlord must do with your deposit, and by when
What your landlord must do with your deposit, and by when When you hand over a deposit at the start of a private tenancy in England or Wales, the law sets out precisely what your landlord must do with it and when.
Why first-time buyers pay wildly different stamp duty depending on where they buy
Why first-time buyers pay wildly different stamp duty depending on where they buy First-time buyers in England start from the same point on paper: a stamp duty relief threshold that means no tax is paid on the first £300,000 of a purchase price.
Three heatwaves, three dips, one resilient buyer market
Three heatwaves, three dips, one resilient buyer market The summer of 2026 tested the UK property market with an unusual combination of pressures: three separate heatwaves, a World Cup, a period of political uncertainty, and elevated mortgage rates following the conflict in Iran.
