Rent Repayment Order: How to Defend an RRO 2026

A tenant or the council has applied for a Rent Repayment Order (RRO) against you, or you’re worried one might. This guide takes you through every RRO ground, the tribunal process and, most importantly, the four legal defences that actually win.

An RRO is one of the harshest financial penalties in UK landlord law. A tenant or local authority applies to the First-tier Tribunal (Property Chamber), and if it grants the order the tribunal can make you repay up to 2 years’ rent for offences from 1 May 2026 (12 months before that). That is separate from any fine, prosecution or Banning Order.

In 2026 the stakes are higher. The Renters’ Rights Act 2025 expands the list of "RRO offences" and extends the lookback period. Tenants can now apply up to 24 months after the offence.

What is a Rent Repayment Order?

Under the Housing and Planning Act 2016, as amended by the Renters’ Rights Act 2025, a tribunal can order a landlord to repay rent if the landlord has committed one of the listed RRO offences. The maximum amount is 2 years’ rent for offences from 1 May 2026 (12 months’ rent before that).

Applications can come from:

• Tenants directly (most common in 2026)
• Local authorities (the council)
• Superior landlords in some sub-let scenarios

The main RRO offences

1. 1Unlawful eviction (Protection from Eviction Act 1977)
2. 2Harassment of a residential occupier (same Act)
3. 3Violence used to secure entry (Criminal Law Act 1977)
4. 4Failure to comply with an Improvement Notice (Housing Act 2004)
5. 5Failure to comply with a Prohibition Order (Housing Act 2004)
6. 6Breach of a Banning Order (Housing and Planning Act 2016)
7. 7Control or management of an unlicensed HMO (Housing Act 2004 s.72), and of a property subject to selective licensing (s.95)
8. 8Re-letting or re-marketing the property within 12 months after using Ground 1 or 1A (moving in or selling), for offences from 1 May 2026 (Renters’ Rights Act 2025)

The Renters’ Rights Act added further offences from 1 May 2026, including item 8. Before relying on a ground linked to the Act's later phases, such as the PRS database (which opens on 15 December 2026) or the Landlord Ombudsman, check the current list of offences on legislation.gov.uk.

Two of those offences turn on dates you can keep on record: whether a required licence was in force, and whether the property was re-let or re-marketed within 12 months after using Ground 1 or 1A. From £7.99 a month, LetCompliance holds each licence on its property with reminders 90, 30 and 7 days before it expires, and keeps each tenancy and each advert for the property with its dates. Get started

The tribunal procedure in one page

1. 1Pre-action: the tenant usually gives notice of intent (not mandatory but common)
2. 2Application: filed with the FtT using Form RRO1 + fee (£100 in 2026)
3. 3Landlord response: follow the tribunal’s directions and deadlines for your statement
4. 4Directions hearing: the FtT sets the timetable and the exchange of evidence
5. 5Main hearing: usually 1 day, often in public, can be remote
6. 6Decision: typically within 4–8 weeks
7. 7Appeal: to the Upper Tribunal (Lands Chamber), permission required

A specialist housing solicitor or barrister can help, especially where the facts are disputed.

The four defences that actually win

Defence 1: Offence not proven to the criminal standard

The tribunal must be satisfied beyond reasonable doubt the offence was committed. This is the criminal standard, not the civil "balance of probabilities". Many RRO claims fail here because the tenant's evidence is unclear or contradicted.

Tactic: force the tenant to prove every element of the offence. In an unlicensed HMO case that means: dwelling is an HMO, occupiers are 3+ from 2+ households, required licence under Part 2 Housing Act 2004.

Defence 2: Reasonable excuse

Parliament expressly allows a reasonable excuse defence for selective licensing and HMO licensing offences (s.72(5) and s.95(4) Housing Act 2004). Courts have accepted:

• Reliance on specific written advice from the council that later proved wrong

Having a licence application duly made at the time is a separate statutory defence in the same sections (s.72(4) and s.95(3)), so keep proof of when you applied.

Evidence is everything. Written correspondence with the council beats verbal recollection every time.

Defence 3: Not the "landlord" at the relevant time

The RRO can only be made against the person who was the landlord during the period of the offence. If the property was:

• Sub-let by a rent-to-rent operator who did not have your consent
• Transferred mid-tenancy

you may argue you were not the operative landlord for RRO purposes. Evidence: management agreements, tenancy paperwork, bank statements for rent receipt.

Defence 4: Mitigation to reduce the amount

Even if the offence is proven, the tribunal has wide discretion on the amount. Factors that reduce the order:

• Full and early rectification (licence now obtained)
• No previous convictions / no prior enforcement history
• No actual disrepair or harm to tenants
• Co-operation with the council throughout
• Landlord's financial circumstances

The tribunal does not have to order the maximum (2 years’ rent for offences from 1 May 2026, 12 months’ rent before that).

What doesn't work as a defence

• "I didn't know about the licensing scheme": ignorance of the law is not enough on its own
• "The council didn't advertise it well": weak unless you can show a specific council failure
• "I planned to apply soon": intention is not the same as an application
• "The tenant caused the problem": irrelevant to landlord licensing offences
• "The agent was meant to deal with it": the landlord is the statutory duty holder

Practical checklist if you receive an RRO notice

1. 1Don't panic, don't pay anything yet. Tenants sometimes demand direct payment, but do not settle without legal advice.
2. 2Get the application papers. You're entitled to the full claim form and all attached evidence.
3. 3Secure your own evidence: all licence applications, council correspondence, agent contracts, tenancy agreements, rent receipts.
4. 4Instruct a housing solicitor or specialist barrister. The fee is probably £2,000–5,000 for a mid-size case, often far less than the potential RRO.
5. 5File your statement on time. Follow the tribunal’s directions and deadlines to the day.
6. 6Attend the hearing in person or via video with all documents indexed and paginated.

FAQs

Can my insurance pay for an RRO?

Landlord legal expenses insurance often covers tribunal defence costs, but almost never the actual RRO amount (repayment of rent is not an insurable loss).

Is an RRO a criminal conviction?

No. RROs are civil orders made by the tribunal. They don't appear on a DBS check. The Government says tenants will in future be able to use the PRS database (which opens on 15 December 2026) to see whether a landlord is compliant with key legal requirements. It has not yet published what the public will be able to see, so nobody knows yet whether an RRO will show there.

Can a tenant get Legal Aid for an RRO?

Yes, in some circumstances, especially where unlawful eviction or harassment is alleged.

Does an RRO affect my ability to use Section 8 later?

Not directly. An RRO is not itself a ground for possession, and it does not stop you using one. On a discretionary ground the judge decides whether possession is reasonable in all the circumstances.

Where to go next

• UK landlord fines 2026: every penalty in one place
• Selective licensing UK 2026: whether your property needs a licence
• HMO compliance guide: HMO rules in one place

Get started. Most RRO defences come down to dates: when you applied for the licence, what the council told you, when each certificate was done. LetCompliance keeps that record as the let runs, with licence, Gas Safety, EICR and deposit records timestamped per property, e-signed tenancies with timestamped audit certificates, and your documents on file in date order.