Rent Repayment Orders for Damp and Mould: What Landlords Need to Know

What a Rent Repayment Order Is

A Rent Repayment Order (RRO) is a legal determination from the First-tier Tribunal (Property Chamber) requiring a landlord who committed a specified housing offence to repay rent. The tenant or the local authority applies, and the tribunal decides the amount.

For private landlords dealing with damp and mould, a Category 1 HHSRS hazard can lead to council enforcement, but the hazard alone does not qualify for an RRO. The landlord must have committed a listed housing offence; for a hazard case, failure to comply with an improvement notice is one such offence.

The Key Changes Since May 2026

The Renters' Rights Act 2025 made two significant changes to the RRO regime:

The repayment period doubled. For housing offences committed on or after 1 May 2026, the tribunal can order repayment of up to 24 months' rent (previously capped at 12 months). Applications can be brought within 2 years of the offence.

Liability extends beyond the named landlord. Under the amended Housing and Planning Act 2016, RRO liability can reach superior landlords. A company director, manager, or officer may also be liable if the company committed a qualifying offence with their consent or connivance or, for specified offences, because of their neglect. Where an RRO is made against more than one landlord, they are jointly and severally liable.

How the Process Works

1. The tenant (or local authority) submits an application using Form RRO1 to the First-tier Tribunal. The application fee is £114, with a £227 hearing fee where applicable.

2. The tribunal must be satisfied beyond reasonable doubt — the criminal standard of proof — that the housing offence was committed. A prior criminal conviction isn't required.

3. The tribunal assesses the amount to repay, considering factors like the seriousness of the offence, the landlord's financial circumstances, and whether the landlord has been convicted of the same offence.

4. Either party can appeal to the Upper Tribunal (Lands Chamber) on a point of law within 28 days.

What This Means Practically

If a qualifying offence supports a full 24-month order, a two-bedroom flat in outer London renting for £1,400 a month creates a maximum RRO exposure of £33,600. A separate council civil penalty may also apply (up to £7,000 for a Category 1 hazard where removal was reasonably practicable, or up to £40,000 for failure to comply with an improvement notice), along with remedial works costs.

The arithmetic changes the calculus on deferred maintenance. A professional damp survey costs £150–£500. Remedial work on a ventilation or DPC issue might run £1,000–£5,000. Compared to a potential RRO plus penalties, proactive investigation and repair is dramatically cheaper.

Your Best Defence

RROs require proof beyond reasonable doubt that a qualifying housing offence was committed. For a hazard-related RRO, the key issue is whether you committed an offence such as failing to comply with an improvement notice.

That means maintaining a documented evidence file: tenant complaint acknowledgements, investigation records, contractor instructions and sign-offs, photographs, and communication logs. A tribunal that sees a landlord who followed a systematic response process is far less likely to find the criminal standard met.

The Decent Homes & Awaab's Law Guide includes the compliance audit system and hazard workflow log that builds this evidence file, covering every step from tenant report to contractor completion.

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