Rent Repayment Orders in Hammersmith and Fulham: What Landlords Need to Know
A rent repayment order lets tenants claw back rent they paid while living in an unlicensed property. In Hammersmith and Fulham, where three licensing schemes overlap, this risk is higher than in most boroughs — and the Renters' Rights Act 2025 doubled the maximum recovery period to 24 months for qualifying offences committed on or after 1 May 2026. The maximum for offences committed before that date is 12 months' rent.
What Triggers an RRO?
A tenant (or former tenant) can apply to the First-tier Tribunal for a rent repayment order if the landlord committed a qualifying housing offence. The most common trigger in LBHF is operating a property that required a licence without holding one — whether that's a mandatory HMO, additional HMO, or selective licence.
The tenant doesn't need to wait for the council to issue a penalty or prosecute. They can apply directly to the tribunal.
The 24-Month Maximum
For qualifying offences committed on or after 1 May 2026, the tribunal can order repayment of up to 24 months of rent paid during the period the property was unlicensed. For earlier offences, the maximum remains 12 months. The 24-month figure is a ceiling, not an automatic award: the tribunal decides the amount based on factors including the landlord's conduct, the tenant's conduct, the landlord's financial circumstances, and any conviction or penalty for the offence.
Who Is Liable?
RRO liability under the expanded rules isn't limited to the immediate landlord. It can reach:
- Superior landlords — where a superior landlord committed the relevant offence
- Company landlords and officers — including a director, manager, or similar officer of a company landlord in defined circumstances
A letting or managing agent cannot be named as an RRO respondent solely because it manages the property or collects rent. A landlord who delegated management to an agent remains potentially liable for their own offence.
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The Financial Exposure
Take a typical Hammersmith and Fulham flat let at £2,000 a month to three sharers. If the property needed an additional HMO licence and the landlord didn't apply, each tenant can file their own RRO. Three tenants times 24 months of their share of rent could add up to a significant sum — on top of the council's civil penalty of up to £40,000.
The licence fee that would have avoided all this is £755.
How to Protect Yourself
The only reliable protection is holding the correct licence. Check whether your property falls under mandatory, additional, or selective licensing, apply before the first tenancy starts, and keep the licence valid throughout. If you're already letting without a required licence, contact the council promptly about applying; a later licence does not erase liability for the unlicensed period.
For the full licensing decision process and application steps, see the Hammersmith and Fulham Landlord Licensing Guide.
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