Rent Repayment Orders for Unlicensed HMOs in Portsmouth

A rent repayment order is a tribunal award that forces a landlord to repay rent collected while committing a housing offence. For Portsmouth landlords, the most common trigger is operating an HMO without the required licence under Section 72 of the Housing Act 2004. The amount can be significant — up to 24 months of rent.

Who Can Apply

Two parties can apply for an RRO. Tenants apply directly to the First-tier Tribunal (Property Chamber — Residential Property) to recover rent they paid during the offence period. Portsmouth City Council can also apply to recover Housing Benefit or the housing element of Universal Credit paid for the property during the same period.

The tenant does not need to wait for the council to prosecute or issue a civil penalty first. A tenant's application stands on its own — the tribunal determines whether the offence was committed and what amount to award.

The 24-Month Cap

The maximum repayment is up to 24 months of rent. For conduct occurring on or after 1 May 2026, the cap applies to gross rent. The tribunal has discretion over the exact amount within that ceiling, and it considers factors like the severity of the offence, how long the landlord operated without a licence, whether a licence application was eventually submitted, and the landlord's conduct.

How the Process Works

A tenant files an application with the First-tier Tribunal, naming the landlord and the property. The tribunal notifies the landlord and sets a hearing date. Both sides can submit evidence — tenancy agreements, bank statements showing rent payments, and the property's licensing history. The tribunal then issues a written decision with the award amount, which is enforceable as a county court judgment.

Why This Matters for Portsmouth Landlords

Portsmouth's citywide Additional HMO Licensing scheme (active until 31 August 2028) catches properties with just three or four occupants from two or more households. Many landlords are unaware their property falls within scope — particularly when a single-household let transitions to a shared arrangement (a couple separates, a friend moves in, or the landlord takes on a third tenant). That transition can create an unlicensed HMO overnight, and the RRO clock starts immediately.

The council's cross-referencing of council tax, electoral roll and planning records means the risk of detection is not theoretical.

Protecting Yourself

A "duly made" application — complete Metastreet form, Part 1 fee paid, documents emailed to [email protected] — provides statutory protection under Section 72(4) while the council processes it. This protection does not erase any earlier period of unlicensed operation.

Our Portsmouth Landlord Licensing Guide includes the full enforcement framework and a scheme decision flowchart so you can confirm whether your property needs a licence before exposure builds.

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