Lewisham Rent Repayment Orders: What Unlicensed Landlords Risk

A rent repayment order is a tribunal award that can require a landlord to repay up to 12 months of rent under the existing framework, extending to 24 months under the Renters' Rights Act 2025 framework. It can be made to tenants or to the local authority where Universal Credit covered the housing cost. In Lewisham, where three licensing schemes now cover most of the private rented sector, RROs are a growing risk for landlords who have not applied.

Who Can Apply

Two parties can apply for an RRO:

• Tenants — any current or former tenant who paid rent during a period when the property was unlicensed and should have been.
• The local authority — Lewisham Council can apply to recover housing benefit or the housing element of Universal Credit paid for an unlicensed property.

Tenant applications are filed directly with the First-tier Tribunal (Property Chamber — Residential Property). No solicitor is required, though many tenants use one. The tribunal form is RRO1.

What Triggers an RRO

The offence must be one of operating a licensable property without a licence:

• Letting without a mandatory HMO licence (Housing Act 2004, section 72)
• Letting without an additional HMO licence (section 72)
• Letting without a selective licence (section 95)

The RRO grounds described here are operating a licensable property without the licence required under sections 72 or 95 of the Housing Act 2004.

How Much the Tribunal Awards

The maximum award is 12 months of rent under the existing framework, extended to 24 months under the Renters' Rights Act 2025 framework. The tribunal has discretion over the amount, considering:

• The landlord's conduct — did they apply promptly once aware, or did they ignore the requirement?
• The financial circumstances of both parties
• Whether the landlord has been convicted or received a civil penalty for the same offence

The tribunal decides the amount in each case; the statutory maximum is not an automatic award.

How Tenants Find Out

Lewisham maintains a public register of all licensed properties through the MetaStreet portal. Any tenant can search the register to check whether their address has a valid licence. If the address does not appear and the property is in a designated ward (or meets HMO thresholds), the tenant has grounds to investigate.

Tenant awareness is growing. Forum posts on Reddit and LegalAdviceUK regularly walk tenants through the steps: check the Lewisham public register, confirm the property is in a licensed area, and file an RRO application if no licence exists.

The RRO Timeline

1. Tenant checks the public register — confirms no licence is recorded for the property.
2. Tenant applies to the First-tier Tribunal using form RRO1, with evidence of rent payments and the property's licensing status.
3. Tribunal schedules a hearing — typically within a few months of the application.
4. Hearing — both sides present evidence. The landlord can argue duly-made protection if an application was pending, or challenge whether the property was actually licensable.
5. Decision — the tribunal issues a written determination with the award amount.

Duly-Made Protection

A landlord with a duly-made application (Part A fee paid, submission complete) is not operating unlicensed while the council processes it. This is the strongest defence against an RRO during the processing window.

Keep your MetaStreet submission receipt and payment confirmation. If a tenant files an RRO claim while your application is pending, these documents prove you were in compliance from the date of payment.

RROs and Civil Penalties Are Separate

An RRO is a separate proceeding from a council-issued civil penalty notice. A landlord can face both: a civil penalty and a rent repayment order covering up to 24 months of rent under the Renters' Rights Act 2025 framework. They run on independent tracks with independent outcomes.

What to Do If You Receive an RRO Application

If you are served with a tribunal notice, you have the right to respond in writing and attend the hearing. Key steps:

• Check whether a duly-made application was in place during the period claimed.
• Gather evidence of any mitigating circumstances — prompt application once aware, genuine confusion over scheme scope, or a property that was not in fact licensable.
• Consider legal advice. RRO hearings are relatively informal compared to court, but the financial stakes (up to 24 months of rent under the Renters' Rights Act 2025 framework) justify preparation.

The Lewisham Landlord Licensing Guide covers the RRO framework alongside the full penalty structure, and explains how to establish duly-made protection as early as possible in the application process.

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