Rent Repayment Orders in Brent: What Landlords Need to Know

What a Rent Repayment Order Is

A Rent Repayment Order (RRO) is a Tribunal order requiring a landlord to repay rent to the tenant (or housing benefit to the local authority) for a period during which the property was operated in breach of housing law. The most common trigger in Brent is letting a property without the required licence — whether selective, additional HMO or mandatory HMO.

RROs are made by the First-tier Tribunal (Property Chamber) under Chapter 4 of the Housing and Planning Act 2016, expanded by the Renters' Rights Act 2025.

How Much Can Be Claimed

For offences committed after 1 May 2026, the maximum period covered by an RRO is 24 months. The Tribunal decides the amount based on the conduct of the landlord and the tenant, the financial circumstances of the landlord, and whether the landlord has been convicted or issued a civil penalty for the same offence.

A tenant paying £1,200 a month who has lived in an unlicensed property for two years could theoretically claim back £28,800. In practice, Tribunals may reduce the award if the landlord can show good-faith attempts to comply or if the tenant's own conduct was relevant — but the full amount is within the Tribunal's power.

Who Can Apply

Tenants can apply directly to the First-tier Tribunal without the council's involvement. They need evidence that the property required a licence and did not have one during the period they are claiming for. The council's public register and an address check confirming the ward are often sufficient proof.

Local authorities can also apply for an RRO where housing benefit was paid on the property during the unlicensed period.

How the Process Works

1. The tenant (or council) files an application to the First-tier Tribunal (Property Chamber)
2. The Tribunal issues a case management direction and sets a hearing date
3. Both parties submit evidence — tenancy agreements, rent payment records, licensing register checks, council correspondence
4. The Tribunal holds a hearing (often a paper determination for straightforward cases)
5. The Tribunal issues its decision, including the amount to be repaid

The landlord can challenge the application at each stage, including arguing that a valid licence was held, that the property was exempt, or that a Temporary Exemption Notice was in force.

The Interaction With Civil Penalties

An RRO and a civil penalty can both apply to the same period of unlicensed operation. The council might issue a £15,000 civil penalty and the tenant might separately claim 18 months of rent at £1,500 a month (£27,000). These are independent proceedings — paying the civil penalty does not extinguish the tenant's RRO claim.

In fact, a successful council prosecution or civil penalty makes the tenant's RRO application stronger, because the housing offence is already established.

How to Prevent an RRO Claim

The only reliable prevention is holding the correct licence at all times. Once a property is unlicensed, the clock starts running on potential RRO liability.

Submitting a complete licence application with Part A payment provides a statutory defence against prosecution for the unlicensed-letting offence, but it does not necessarily shield you from an RRO covering the period before the application was submitted.

If you discover your property should have been licensed and was not, apply immediately. Every month of delay is another month of potential RRO exposure.

For a guide to checking which licence your property needs and applying through Brent's portal, see our Brent Landlord Licensing Guide.

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