The government has issued detailed guidance to assist tenants in challenging landlords through rent repayment orders (RROs), a move that reflects the tougher penalties introduced under the Renters’ Rights Act. This guidance aims to clarify the process for tenants seeking redress when landlords fail to comply with licensing requirements, while also outlining the evidence needed to support such claims.

Understanding Rent Repayment Orders

Rent repayment orders allow tenants to reclaim rent paid during periods when their landlord has committed certain offences, such as renting out an unlicensed house in multiple occupation (HMO) or failing to obtain a required selective licence. The Renters’ Rights Act has increased the maximum repayment period from 12 to 24 months, significantly raising the stakes for landlords who breach licensing regulations.

Alongside this, the government has published separate guidance on the court eviction process under the same Act, providing a comprehensive framework for tenants navigating their rights and remedies.

How Tenants Can Challenge Landlords

The government’s guidance is primarily aimed at tenants in the private rented sector but is also a useful resource for local councils when applying for rent repayment orders. It emphasises that tenants must prove an offence has been committed by their landlord to successfully challenge them.

To verify whether a landlord has breached licensing requirements, tenants are advised to:

• Search online for their local council’s landlord licensing scheme details.
• Check the council’s landlord licensing register, bearing in mind that not all councils publish a public register or that registers may not be fully up to date.
• Contact the council directly if the property is not listed on the register.

Tenants should provide the council with the property address, the dates they lived there, and the number of unrelated occupants sharing the home. They should also inquire whether the property is licensable, if it holds a current licence, whether a valid licence application or Temporary Exemption Notice (TEN) has been submitted, and the effective dates of such applications or notices.

Proving a Selective Licence Offence

To establish that a landlord has committed an offence by failing to hold a selective licence, tenants must demonstrate that the property was covered by a selective licensing scheme, was privately rented, and that the landlord did not hold a licence. Supporting evidence should include a copy of the council’s licensing scheme confirming coverage of the postcode, proof of private rental status such as tenancy agreements or deposit documents, and confirmation from the council that the property was unlicensed.

Additional supporting materials, such as correspondence with the landlord or letting agent, can strengthen the tenant’s case.

The guidance also outlines possible defences landlords might raise, including “reasonable excuse.” To succeed with this defence, the First Tier Tribunal must be convinced that the landlord had a valid reason for not meeting the legal licensing requirement.

Serious Consequences for Landlords

Legal expert Des Taylor, specialising in landlord licensing and defence, has previously highlighted the gravity of rent repayment orders. He describes RROs as strict liability offences, meaning landlords are liable if the property was unlicensed when a licence was required, regardless of whether the landlord was unaware or if an agent failed them.

Mr Taylor stresses that the only viable defence is to provide compelling evidence, such as time-stamped licence applications, payment receipts, bank statements, council acknowledgements, and detailed records of phone calls. Without such documentation, tribunals typically accept the council’s assertion that no valid licence existed.

What this means for landlords

Landlords must be vigilant in ensuring all necessary licences are obtained and maintained to avoid the risk of rent repayment orders. The doubling of the maximum repayment period to 24 months significantly increases potential financial exposure. Maintaining thorough records and promptly addressing licensing requirements is essential to defend against claims effectively.

Failure to comply not only risks substantial financial penalties but also damages reputation and tenant relations. Landlords should review their properties’ licensing status regularly and seek professional advice if uncertain about their obligations under the Renters’ Rights Act.

Source: Based on reporting from Property118

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