Brighton Rent Repayment Orders for Unlicensed Landlords

Operating without a required property licence in Brighton and Hove doesn't just risk a council fine — it exposes you to a Rent Repayment Order (RRO) that could force you to hand back up to two full years of rent.

RROs are a separate enforcement route from council civil penalties. They're decided by the First-tier Tribunal (Property Chamber), and either the tenant or Brighton & Hove City Council can apply for one.

What Triggers an RRO

An RRO application can be made when a landlord commits a housing offence listed in the Housing Act 2004 or the Housing and Planning Act 2016. The most common triggers in Brighton are:

• Operating a property that requires a selective, additional or mandatory HMO licence without one
• Breaching licence conditions
• Failing to comply with an Improvement Notice under the Housing Health and Safety Rating System (HHSRS)

The offence must be proven to the tribunal's civil standard of proof (balance of probabilities), not the criminal standard.

The 24-Month Recovery Window

For licensing offences committed on or after 1 May 2026, the Renters' Rights Act 2025 extended the maximum RRO recovery period from 12 months to 24 months of gross rent. This was one of the Act's most significant enforcement changes.

Before that date, the tribunal could only award up to 12 months. Now a tenant in a property that's been unlicensed for two years or more can apply to recover the full 24 months of rent they paid.

The tribunal has discretion over the amount — it doesn't have to award the full 24 months. It will consider the landlord's conduct, whether the breach was deliberate, the landlord's financial circumstances and any other relevant factors. But in cases of prolonged deliberate non-compliance, full awards are increasingly common.

Who Can Apply

Tenants can apply directly to the First-tier Tribunal. They need to demonstrate that the property was required to be licensed and wasn't, and that they paid rent during the relevant period.

Brighton & Hove City Council can also apply for an RRO on behalf of itself (not the tenant). When the council applies, any award goes to the council, not the tenants.

There's no requirement for a criminal conviction before an RRO application — the tribunal makes its own finding on whether the offence was committed.

RROs Stack With Civil Penalties

An RRO doesn't replace a council enforcement action. A landlord operating without a licence in Brighton can face:

• A council civil penalty of up to £40,000 per offence
• Criminal prosecution with an unlimited fine
• An RRO of up to 24 months' gross rent
• An Interim Management Order transferring the property to council control

These sanctions are not mutually exclusive. The council cannot both prosecute and impose a civil penalty for the same offence, but an RRO is an entirely separate process.

How to Protect Yourself

The only reliable protection against an RRO is holding the correct licence for your property. Brighton & Hove operates three licensing routes — mandatory HMO, additional HMO and selective. The late application fee applies after a licensable property has been let and operated without a licence for more than 28 calendar days; enforcement exposure exists before that threshold.

If you've recently acquired a property, changed the tenancy arrangement, or realised that an occupancy change has shifted the property into a different licensing category, applying promptly is critical.

Our Brighton & Hove Landlord Licensing guide walks you through the decision sequence to identify which licence your property needs, the complete application process, and the document checklist — so you can get licensed and close off the RRO risk.

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