You have found out that your rented home may need a licence, but your landlord does not appear on the register. A rent repayment order could help you recover rent. First, you need to establish which offence occurred and which rental dates count.
Rent repayment orders in Wales follow a separate, narrower system. In England, the First-tier Tribunal can make an order without a criminal conviction, but you must prove the offence beyond reasonable doubt.
Which offences qualify for a rent repayment order?
The offences are listed in section 40 of the Housing and Planning Act 2016. Ten currently qualify, including:
- Violence to secure entry, unlawful eviction and harassment.
- Operating a home without a required HMO or selective licence.
- Breaching an improvement notice, prohibition order or banning order.
- Knowingly or recklessly misusing a possession ground, breaching restrictions on re-letting or marketing, and certain continuing tenancy-reform breaches.
Further offences relating to the landlord ombudsman and private rented sector database are not yet in force. A deposit-protection failure or missing gas certificate does not, by itself, qualify for an RRO.
For a licensing claim, check the council's designation, the property's occupancy and your rental dates. A missing register entry is a starting point. A valid application, exemption or reasonable excuse can affect whether an offence was committed. Ask the council for written confirmation of the position.
How much rent can a rent repayment order cover?
The maximum depends on the offence and the dates. Section 44 sets the eligible rental period, and regulation 11 of SI 2026/421 preserves the earlier rules for older offences and periods.
- Unlawful eviction or harassment on or after 1 May 2026. The eligible rent can cover the two years ending with the offence. You do not have to wait until 2028 to use that lookback.
- An unlicensed home. Only rent for a period when the licensing offence was being committed counts. The new two-year limit applies to unlicensed letting from 1 May 2026. A scheme that began later cannot support a claim for earlier rental dates.
- An offence wholly before 1 May 2026. The old maximum is 12 months. If a licensing offence spans that date, the pre-May period stays under the old rules and the later period falls under the new ones.
Do not add the old and new ceilings together to estimate a claim spanning the change. Work out the relevant rent periods first. Remedy can check the transitional calculation against your tenancy dates.
For example, six eligible months at £1,500 a month gives £9,000 in rent to consider. That is a starting ceiling for that period, not a promised award. You cannot recover the part of rent paid through Housing Benefit or Universal Credit in your tenant claim. For offences from 1 May 2026, the tribunal must also take into account any rent you received from subletting when it sets the amount.
Does the tribunal always award the maximum rent?
The usual assessment considers both parties' conduct, the landlord's finances, and previous convictions, financial penalties or RROs. The tribunal can award less than the eligible rent.
There are mandatory-maximum rules in section 46. For an offence committed on or after 1 May 2026, the tribunal must order the maximum if the landlord has been convicted of that offence or has a final financial penalty for it. The same applies if the landlord has at any time been convicted of, received a financial penalty for, or had an RRO made for the same offence before. An unlicensed-HMO offence and an unlicensed-house offence count as the same offence. The only exception is where exceptional circumstances would make that unreasonable. Older offences follow the previous, narrower rule.
Those rules do not turn the maximum into two years of rent where only a shorter period qualifies. Nor does a missing licence automatically establish entitlement. The tribunal must be satisfied that the offence is proved.
How long do you have to apply for a rent repayment order?
Under section 41, the offence must fall within the two years ending on your application date for the post-1-May-2026 rules. An offence committed wholly before that date retains the old 12-month application window.
A licensing offence may continue over time. Check when it ended, including whether a valid application or exemption changed the position before a licence was granted. You can apply while an offence continues, and you do not have to remain a tenant when you apply.
The application deadline and the rent period you can recover are different questions. Do not assume that being in time means every month of your tenancy qualifies.
What evidence do you need for a rent repayment order?
Build a dated record that connects the offence, the property and your rent:
- Tenancy and occupancy evidence. Keep your agreement, messages about moving in or out, and evidence of who lived there. This helps establish whether an HMO needed licensing.
- Council records. Ask for the scheme's start date, licence and application history, exemptions and any enforcement action. Save register searches with their dates.
- Proof of payments. Use bank statements, receipts or other reliable payment records. Identify any rent paid through benefits separately.
- Evidence specific to the offence. For an unlawful eviction, this might include messages, photographs of changed locks, witness accounts or police and council records.
Make a chronology and explain any gaps. The legal test is proof beyond reasonable doubt under section 43, even though this is a civil tribunal application. A register search alone may not answer every part of that test.
How do you submit the RRO1 form?
Use the current RRO1 form and instructions on GOV.UK. Identify the landlord, property, offence, rental period and amount claimed. Explain your calculation and follow the form's instructions for supporting documents and submission.
Check the current application and hearing fees in the fees part of the RRO1 form, and whether you can get help paying court and tribunal fees. Keep a copy of the application and confirmation that it was received. The tribunal will give directions for the landlord's response, evidence and any hearing. Follow those deadlines even while discussing settlement.
Our RRO1 form guide explains the form. Remedy can help you organise your tenancy records, offence timeline and rent evidence before you apply.
