Waltham Forest Rent Repayment Order: What Unlicensed Landlords Owe Tenants

What a Rent Repayment Order Is

A Rent Repayment Order (RRO) is a tribunal order requiring a landlord to repay rent to a tenant — or to the local authority if housing benefit was paid — when the property was let without a required licence. The legal basis is Section 40 of the Housing and Planning Act 2016, and it applies to all three licensing schemes in Waltham Forest: selective, additional HMO, and mandatory HMO.

The trigger is straightforward: if the property needed a licence and didn't have one during the period the tenant was paying rent, the tenant can apply for an RRO.

For offences committed on or after 1 May 2026, the tenant must apply within two years of the offence. For offences committed before that date, the application deadline is one year.

The 24-Month Recovery Window

For offences committed on or after 1 May 2026, the Renters' Rights Act expanded the maximum rental period recoverable under an RRO from 12 months to 24 months of rent. At Waltham Forest rent levels — a one-bedroom flat in E17 typically runs £1,200–£1,500 per month, a shared house room £700–£900 — the numbers add up quickly.

A two-year RRO on a property rented at £1,400 per month could mean repaying £33,600.

How Tenants File

Tenants apply to the First-tier Tribunal (Property Chamber) using HMCTS Form RRO1. They need to show that the property required a licence during the period they paid rent and that no licence was in place. The council can also apply for an RRO where housing benefit was in payment.

The Tribunal considers factors including whether the landlord had a reasonable excuse, the conduct of both parties, the landlord's financial circumstances, and whether the landlord has been convicted or received a civil penalty for the same offence.

No "I Didn't Know" Defence

The 2025 First-tier Tribunal decision at 50 Lancaster Road, E17 confirmed that a landlord's ignorance of Waltham Forest's licensing expansion is not a reasonable excuse under Section 72(5) of the Housing Act 2004. The tribunal noted the borough's additional licensing designation and granted the RRO.

This is especially relevant for landlords who bought properties during the transition between the old and new schemes. The predecessor selective scheme expired 30 April 2025 and the new one started 1 May 2025 — any gap in licensing during that period could create RRO exposure.

RROs Stack With Civil Penalties

An RRO and a civil penalty are not alternatives — a landlord can face both. The council might issue a £40,000 civil penalty while the tenant simultaneously pursues an RRO through the Tribunal. They address different things: the penalty punishes the offence, the RRO compensates the tenant.

Protecting Yourself

The only reliable protection is having a valid licence. If you're unsure whether your property needs one, check with the council's postcode tool. If you've been operating without a licence, apply immediately — the sooner the application is "duly made" and acknowledged, the shorter the window of potential RRO exposure.

The Waltham Forest Landlord Licensing Guide covers the full application process, including how to determine which licence you need, gather your documents, and submit through the portal.

See more England guides →