Rent Repayment Orders now cover two years: what landlords must know

Rent Repayment Orders (RROs) have been a powerful tenant remedy since 2016. From 1st May 2026, they get significantly more powerful: the maximum rent recoverable under an RRO doubles from one year to two years. That is a meaningful uplift in landlord exposure, and a meaningful incentive for tenants to pursue claims that might previously have been borderline.

If you let property in England, you need to understand what triggers an RRO, how the new two-year cap is calculated, and what to do to avoid one. RROs are part of the tougher enforcement regime under the Renters' Rights Act 2025; see the landlord FAQs for the questions landlords ask most.

What is a Rent Repayment Order?

An RRO is a tribunal order requiring a landlord to repay rent to the tenant - or to the local authority if the rent was paid via Universal Credit or Housing Benefit. It is awarded by the First-tier Tribunal (Property Chamber) where the landlord has committed one of a defined list of housing offences.

Before 1st May 2026, the maximum recovery was 12 months' rent. From 1st May 2026, that doubles to 24 months' rent. For a property let at £1,500 per month, that takes the maximum exposure from £18,000 to £36,000.

What triggers an RRO?

The triggering offences are listed in legislation and include:

• Operating an unlicensed HMO (where licensing applies)
• Operating an unlicensed property in a selective licensing area
• Failure to comply with an improvement notice issued under the Housing Act 2004
• Failure to comply with a prohibition order under the same Act
• Use of violence to secure entry to a property under section 6 of the Criminal Law Act 1977
• Eviction or harassment of an occupier under the Protection from Eviction Act 1977
• Breach of a banning order under the Housing and Planning Act 2016

The Renters' Rights Act 2025 expands the list of triggering offences. Three additions are in force: knowingly or recklessly relying on a possession ground that does not apply, where the tenant then leaves within 4 months; letting or advertising the property during the Ground 1 or 1A restricted period; and carrying on a tenancy-reform breach after a penalty. Three more apply only once their Parts of the Act are brought into force: continuing breaches of the landlord redress (ombudsman) scheme, knowingly or recklessly giving false or misleading information to the property database, and carrying on a breach after a database penalty.

Who can apply for an RRO?

Two categories of applicant:

1. 1The tenant - the current or former tenant of the property
2. 2The local authority - usually where the rent was paid through Universal Credit or Housing Benefit, or where the council prosecutes the landlord for the underlying offence

The tenant does not need to wait for a criminal conviction to apply. The tribunal itself decides whether the offence is made out, but it must be satisfied beyond reasonable doubt - the criminal standard, not the balance of probabilities (Housing and Planning Act 2016, section 43(1)). A criminal prosecution does not have to have been brought.

How is the amount calculated?

The tribunal looks at:

• The amount of rent paid during the period of non-compliance, capped at 24 months
• The conduct of the landlord and the tenant
• The financial circumstances of the landlord
• Whether the landlord has been convicted of the underlying offence

In serious cases, particularly where the landlord has previous convictions or has caused harm to the tenant, the tribunal will order the full 24 months' rent. In less serious cases - for example, a technical licensing breach with no harm - the tribunal may order a lower percentage. But the new ceiling is high.

The RRO is in addition to any criminal fine, banning order, or local authority financial penalty. They stack.

How does this interact with the new compliance regime?

The Renters' Rights Act 2025 introduces a series of new compliance obligations - the Written Statement, the property portal, the pet request procedure, the rent in advance cap. Most of these are enforced by civil penalties of up to £7,000, not by Rent Repayment Orders, and a pet-procedure breach carries no fine at all: the tenant can ask a court to order you to decide. The RRO additions are the narrower set above - possession-ground misuse where the tenant leaves within 4 months, letting or advertising during the Ground 1/1A restricted period, and tenancy-reform breaches carried on after a penalty (and, once commenced, ombudsman breaches, false information given to the property database or a breach carried on after a database penalty). Compliance gaps that were minor before now carry real financial risk.

How to avoid an RRO

The simple answer is to comply. The compliance baseline is not difficult; what catches landlords out is forgetting one piece of the framework while they focus on another. A practical checklist:

1. 1Licensing - check whether your property falls in a selective licensing area or is an HMO requiring a licence. Apply if it does. The most common RRO trigger is operating an unlicensed property, often by accident.
2. 2Property condition - comply with Improvement Notices and Prohibition Orders promptly. Local authorities will pursue RROs as part of escalation.
3. 3Written Statement of Terms - serve before every new tenancy is signed. Keep records of issue.
4. 4Pet requests - respond within 28 days, in writing, with a reasoned decision.
5. 5Section 13 / Form 4A - use the prescribed form and the correct notice period for every rent increase.
6. 6Eviction procedure - never use force, never change the locks, never threaten the tenant. Always go through Section 8 and the courts - Section 21 was abolished on 1st May 2026. Illegal eviction is one of the most serious RRO triggers and stacks with criminal liability.
7. 7Property portal registration - register yourself and each property once registration opens. England only: it is due to open region by region from 15th December 2026, starting with the West Midlands (government guidance, 29th October 2026), and the regulations still need final approval from Parliament. Once in force, knowingly or recklessly giving false information, or carrying on a breach after a penalty, will be an RRO trigger.

What if a tenant threatens an RRO?

Take it seriously. Get the documents in front of a solicitor early - the cost of advice is small relative to the cost of a full RRO. Disputes that settle early rarely reach tribunal.

For an overview of the wider compliance landscape, see our landlord checklist.