Introduction
This policy provides guidance on Rent Repayment Orders (RROs) and should be read in conjunction with:
- Leeds City Council – Private sector housing enforcement policy
- Statutory guidance "Rent repayment orders: guidance for local authorities" published by the Ministry of Housing, Communities and Local Government (13 November 2025)
- Housing Act 2004, Parts 2 and 3
- Housing and Planning Act 2016, Part 2, Chapter 4
- Renters' Rights Act 2025, Part 4, Chapter 1
Purpose
RROs serve to deter landlords from committing housing offences and empower both tenants and local authorities to take action when landlords breach specific housing laws.
This policy provides a concise overview to complement the comprehensive Statutory Guidance issued by the Ministry of Housing, Communities and Local Government.
Definition
An RRO is an order requiring a landlord who has committed certain offences to:
- repay rent paid by a tenant, and/or
- pay a local housing authority an amount equivalent to relevant Universal Credit payments made in respect of rent under the tenancy
The Renters’ Rights Act 2025 extends provisions originally set out in the Housing Act 2004 and the Housing and Planning Act 2016 with regards to the type of offences which a RRO can be sought for, the length of time after which a RRO can be sought after an offence has taken place, the length of time for which rent can be repaid to a tenant or local housing authority and those eligible for a RRO to be made against them.
Under these new rules, an RRO allows recovery of up to two years’ rent, depending on the type and timing of the offence.
Offences which straddle the commencement of the new RRO provisions in the Renters Rights Act 2025 and the earlier pre-commencement period will be considered in line with the Statutory Guidance and any transitional provisions set down in Regulations.
Eligible respondents
An RRO can be made against:
- a landlord (immediate landlord, superior landlord, or company landlord)
- a director, manager or similar officer of a company landlord
- a licensor
Rent-to-rent arrangements
In rent-to-rent arrangements, where the immediate landlord rents the property from a superior landlord, an RRO can be sought against any or all landlords in the chain who have committed a relevant offence.
Housing Benefit or Universal Credit payments do not need to have been paid directly to the named respondent. For example, if payments were made to the immediate landlord, the superior landlord can still be named as respondent if they committed the offence.
Relevant offences
| Offence description | Legislation |
|---|---|
| 1. Offences in relation to unlicensed HMOs | Section 72(1) of the Housing Act 2004 |
| 2. Offences in relation to unlicensed houses | Section 95(1) of the Housing Act 2004 |
| 3. Failure to comply with an Improvement Notice | Section 30(1) of the Housing Act 2004 |
| 4. Failure to comply with a Prohibition Order | Section 32(1) of the Housing Act 2004 |
| 5. Illegal eviction and harassment of occupiers | Sections 1(2), (3) or (3A) of the Protection from Eviction Act 1977 |
| 6. Violence for securing entry | Section 6(1) of the Criminal Law Act 1977 |
| 7. Breach of a Banning Order | Section 21 of the Housing and Planning Act 2016 |
| 8. Knowingly or recklessly misusing a possession ground | Section 16J(1) of the Housing Act 1988 |
| 9. Letting or marketing of a property within 12 months of using the ‘moving in’ or ‘selling’ ground of eviction | Section 16J(2) of the Housing Act 1988 |
| 10. Continuous breach of certain tenancy reform requirements | Section 16J(3) of the Housing Act 1988 |
Council applications for RROs
The council must consider pursuing an RRO when it has prosecuted or issued a Civil Penalty against a landlord for any of the above offences.
The council can only apply for an RRO when all or part of the rent has been paid through Housing Benefit or Universal Credit.
The council can prosecute a landlord or issue a Civil Penalty and seek an RRO for the same offence. In accordance with the Statutory Guidance named “Civil penalties under the Renters' Rights Act 2025 and other housing legislation” published on 13 November 2025, the decision to apply for an RRO is not subject to the totality principle normally considered when issuing Civil Penalties.
A landlord does not need to have been convicted of the relevant offence for an RRO to be granted. However, in such cases, the First-Tier Tribunal must be satisfied beyond reasonable doubt that the landlord committed the offence.
Process for the council
The council will assess each case individually when determining whether to apply for an RRO. Considerations include, but are not limited to:
- the amount of rent potentially recoverable
- any aggravating factors (such as other enforcement actions)
- any known mitigating factors
If the council is satisfied it has enough evidence to prove a relevant offence has been committed, and if it considers a RRO should be considered, a search of Department for Work and Pensions (DWP) data will be conducted to gather any evidence of Housing Benefit or Universal Credit payments made during the relevant period.
When considering an RRO application, an officer group will convene. Prior to this meeting, the case officer will complete and distribute a "rent repayment order checklist" to all group members. This checklist includes:
- case background information
- consideration of factors outlined in the statutory guidance and this policy
Where a landlord has not been convicted or been issued a Civil Penalty relating to the RRO application, the council will consider these factors:
- punishment of the offender
- deterrence against reoffending
- dissuasion of others from committing similar offences
- removal of any financial benefit gained through the offence
Financial and resource considerations when applying for an RRO
To ensure efficient use of public resources, the council will only proceed with an application where the potential amount to be recovered is deemed significant enough to justify the application costs and officer time required to pursue the case, and that the likely financial recovery outweighs the combined costs of factors including:
- application fees to the tribunal
- officer time for case preparation
- any associated legal costs
Small recovery cases
The council recognises that, in some instances, the potential recoverable amount may be limited due to factors such as offences committed over a short time period or cases involving minimal Universal Credit housing costs element or Housing Benefit payments.
In such cases, where the potential recovery amount is low, the council will generally not pursue an RRO application unless there are exceptional circumstances that justify proceeding despite the limited financial return.
This approach ensures proportionality in enforcement actions and appropriate allocation of council resources while still maintaining the deterrent effect of enforcement powers.
Notice requirements
Before applying for an RRO, the council must give the landlord a notice of intended proceedings. For offences committed before 1 May 2026, the notice must be given within 12 months of the offence date. For offences committed on or after 1 May 2026, the notice must be given within 2 years of the date of offence.
The notice of intended proceedings must:
- inform the landlord of the council's intention to apply for an RRO and explain why
- state the amount the council seeks to recover
- invite the landlord to make representations within a specified period (minimum 28 days)
The council must consider any representations made within the notice period, and cannot apply to the First-Tier Tribunal until this period has expired.
Income received from RROs will be retained by the council to support its statutory functions related to Private Rented Sector enforcement activities.
Determination of an RRO
The First-Tier Tribunal determines whether to award an RRO and the amount, considering factors including:
- the landlord's conduct
- financial circumstances of the landlord
- previous convictions, financial penalties or RROs
Appeals
A landlord may appeal a First-Tier Tribunal decision to grant an RRO to the Upper Tribunal, provided permission to appeal has been granted by either tribunal.
Publication
The council may decide whether to publicise when an RRO has been made, subject to requirements under data protection laws.
All decisions will be published by the First-Tier Tribunal on a publicly accessible webpage at Gov.UK.
Tenant applications for RROs
Private tenants who have paid their own rent may apply directly to the First-Tier Tribunal for an RRO if their landlord has committed a relevant offence. Tenants cannot claim for rent paid through Housing Benefit/Universal Credit (only the council can claim this). Tenants receiving these benefits can only seek recovery of any top up rent they have personally paid.
Tenants must apply directly to the First-Tier Tribunal using an RRO1 form available from the First-Tier Tribunal’s website. No notice of intended proceedings is required. Applications can be made regardless of council action or whether the landlord has been convicted, but tenants must prove the landlord committed a specified offence within the relevant timeframe. The offence must relate to housing that was let to the tenant at the time of the offence.
There is no duty for the council to assist tenants with their cases, but where resources permit, the council aims to respond to information requests from tenants
to support their RRO applications. The council may consider helping tenants apply for RROs when requested, but only where sufficient evidence exists to prove beyond reasonable doubt that an offence has been committed.
The council cannot provide legal advice or support to tenants, but these services are available privately or through charitable organisations such as Shelter.
If part of the rent was paid by the tenant and part through Housing Benefit or Universal Credit, the council may apply for an RRO with a tenant at the same time as each other. The applications will need to be separate but applying alongside each other has the benefit of sharing information and evidence which may make the case stronger. The cases may be heard together at the First Tier Tribunal, but this is decided by the FTT on a case-by-case basis. In such cases, the council will only consider applying for a RRO where it is financially viable to do so.
Recovery of debt
Where a landlord fails to pay an RRO, the case can be referred to the County Court for an Order demanding payment in full.
Where the council applies for such an Order, the Order will also include payment of the council’s legal costs.
