Rent Repayment Orders: guidance for tenants
This guidance is for tenants who rent privately and want to apply for a rent repayment order.
Applies to England
This guidance is to help you seek a rent repayment order (RRO) against your private landlord if they have committed a certain housing related offence.
The First-tier Tribunal (FTT) may use this guidance when dealing with RRO cases.
This guidance is not legal advice. You can find legal advice or contact Citizens Advice or Shelter. You can also get advice from other organisations.
Rent repayment orders
A RRO allows you to receive up to two years’ worth of rent from a landlord who has committed certain housing related offences.
The purpose of RROs is to deter landlords from committing offences and empower you to take action when your landlord has broken certain laws.
RROs are a critical part of improving and maintaining compliance in the private rented sector. This guidance is aimed at giving you the confidence and information needed to use them effectively.
The offences
You can apply for an RRO if you think you can prove your landlord has committed one of the offences in this list and you meet the other eligibility requirements.
The table below show the legislation that applies to each of the offences.
| Offence Description | Legislation Reference |
|---|---|
| 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 |
| 13. 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 twelve 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 |
Your eligibility for an RRO
You can apply for an RRO if all the following conditions apply:
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you are (or were) a tenant in the private rented sector
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you think you can prove your landlord committed one of the listed offences
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the offence was committed whilst you rented the property
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the offence was committed no more than two years before you make your application
If you think offence 8 or 9 has been committed, you can apply if the offence was committed after you moved out.
Some other points about eligibility to consider are:
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your landlord does not need to have been convicted of or given a financial penalty for the offence for you to successfully apply for an RRO
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you can apply for an RRO no matter how you paid your rent, whether it was in advance or in instalments or any other way
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it does not matter who your rent was paid by or how it was paid
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it does not matter who you paid your rent to, whether it was your landlord, managing agent, letting agent, or any other person
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you do not have to be renting or living in the property when you apply for an RRO
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you cannot apply for any rent paid by Housing Benefit or Universal Credit
Preparing to apply for an RRO
You will find the following points helpful to consider when thinking about applying for an RRO.
Evidence
You are responsible for providing all the evidence for your application. You must prove every part of the offence to the FTT (Property Chamber) beyond reasonable doubt. Find out how to do this for each offence in the offences guidance.
First Tier Tribunal
The FTT is a type of court that deals with property-related issues and disputes. It is where your RRO application will be considered and eventually heard. It is less formal than regular courts and more easily accessible to the public. FTT cases are usually heard by a judge and one or two laypersons.
Case precedents
When deciding the outcome of an RRO application, the FTT will consider ‘case precedents’. A case precedent is a past tribunal decision that judges can use as a guide when deciding similar cases in the future. They are usually set in higher courts, like the Upper-tier Tribunal. Where a precedent has been set in a higher court, judges in the FTT must follow that precedent. The purpose of precedents is to help make sure the law is applied consistently as far as possible. Both you and your landlord can use case precedents to argue your cases. FTT judges are not required to follow earlier decisions of the FTT, but both you and your landlord can still use these decisions to argue your case.
Timeline
The process of getting an RRO varies in how long it takes. What happens at each stage is explained in more detail below, but the typical timeline is:
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Send your application (RRO1 form and other documents) to the FTT.
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FTT acknowledgement: the FTT will acknowledge receipt of your application and tell you if you need to send any additional information. At this stage, the FTT will ask you to pay a fee.
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FTT directions and bundles: The FTT will send you a list of actions you need to take. They will likely include creating an applicant bundle and the landlord creating a respondent bundle. You will likely be given the opportunity to respond to the landlord’s bundle through an applicant reply bundle.
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Hearing: the FTT will set a date for the hearing which you will attend and present your case. All applicants should attend the hearing or give evidence to explain why they are not there.
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Decision: the FTT will decide whether your application is successful and if so, how much money your landlord needs to pay you. The decision will be sent in writing after the hearing.
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If your application is successful, the landlord must pay you. The FTT usually gives the landlord a maximum of 28 days from the date of the decision to do this.
When to apply for an RRO
You can apply for an RRO at any point within two years of your landlord committing an offence. You can still apply for an RRO after you have moved out and stopped paying rent at the property.
Applying for an RRO whilst still renting the property should not affect your relationship with the landlord. Your landlord cannot evict you because you have applied for an RRO. However, if you think applying may affect the relationship, you may choose to apply after you have left and after the deposit has been returned. If you do, you must comply with the two-year time-limit.
Who an RRO can be made against (respondent)
An RRO can be made against:
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a landlord, which may be an immediate landlord, superior landlord or company landlord
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a director, manager or similar officer of a company landlord
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a licensor
When you are completing your RRO1 form, you will need to name a ‘respondent’. This is the person(s) and/or organisation(s) you think has committed an offence and who you are applying for an RRO against. You should therefore name any person(s) and/or organisation(s) from the above list as the respondent if you think they have committed an offence.
You do not need to have paid rent directly to the respondent. An RRO can be made against your landlord even if you paid your rent to someone else – for example, a letting agent, managing agent or any other person. You should not, however, name a letting agent or managing agent as the respondent as an RRO cannot be made against them.
The respondent does not have to be your current landlord. They just need to have been your landlord at the time they committed the offence. This does not apply to offences 8 and 9 in the offences list.
If it is not clear who your landlord is, you should name as the respondent anyone who might be your landlord and could have committed an offence.
Rent-to-rent arrangements
You may be renting your home under a rent-to-rent arrangement. This is where your landlord (immediate landlord) does not own the property you live in. Instead, they rent it from the owner (superior landlord). If this is the case, you can apply for an RRO against any or all the landlords in the chain who you think committed an offence.
You do not need to have paid rent directly to the person or people who you are naming as the respondent. For example, if you paid your rent to an immediate landlord, you can still name your superior landlord as the respondent if you think they committed the offence.
Immediate landlord
In a rent-to-rent arrangement, an ‘immediate landlord’ is the person who you rent your home from. They are likely to be the person named as your landlord on the tenancy agreement and probably your main point of contact. They may be an individual person or a company.
You should name both the immediate and superior landlord as respondents, if you think both may have committed the offence.
Superior landlord
A ‘superior landlord’ is the person who lets the property to your immediate landlord. They are likely to own the property. The superior landlord may not be named on your tenancy agreement. You can find out who the owner of your property is by searching the land registry.
You may wish to name the superior landlord as the respondent if you feel the immediate landlord cannot or will not pay the amount of the RRO and you think the superior landlord could have committed the offence.
Applying against more than one person and/or organisation
You may have more than one landlord if you rent under a rent-to-rent arrangement or rent from joint landlords. If this is the case, you can apply for an RRO against any or all of your landlords in the same application if you think they have committed an offence.
If the FTT finds that all the people or organisations you have named in your application have committed an offence, they will be jointly and severally liable for the full amount of the RRO. This means each person is responsible for making sure the full amount of the RRO is paid. However, you can choose to take action against any of them if none of them pays.
Director, manager or officer of company landlord
Your tenancy agreement may name a company as the landlord, rather than an individual person. If this is the case, you should name the director(s), manager(s) or senior officer(s) of that company as the respondents, as well as the company. This is because in some circumstances, companies do not have enough assets to pay an RRO. To find out who the director, manager or senior officer of a company is, you can search Companies House.
How much money to apply for
The maximum amount you can apply for is two years’ worth of rent you have paid. It does not matter who you paid your rent to. How much you can apply for depends on the offence your landlord has committed.
One-off offences
A one-off offence is an offence that is committed once at a particular time. If you are applying because of one of these offences, you can apply for up to two years’ worth of rent ending with the date of the offence. The offences are:
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illegal eviction and harassment
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violence to secure entry to a property
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knowing or reckless misuse of a possession ground
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letting or marketing of a property within one year of using the ‘moving in’ or ‘selling’ ground
However, the way you calculate the amount for the offence of letting or marketing of a property within one year of using the ‘moving in’ or ‘selling’ ground can be different. You can apply for up to two years’ worth of rent paid for the two years before either the date the offence was committed or, if the tenancy ends before that date, the date the tenancy ends.
Ongoing offences
An ongoing offence is an offence that is committed over a period of time. If you are applying because of one of these offences, you can apply for up to two years’ worth of rent you paid for the period in which the offence was ongoing. The offences are:
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failure to license a property as it should be
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failure to comply with an improvement notice or prohibition order
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letting a property whilst having an active banning order
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continuous breach of the tenancy reform requirements
Rent paid through Housing Benefit or Universal Credit
You cannot apply for an RRO for any rent paid through Housing Benefit or Universal Credit. For example, if one third of your rent was paid through Housing Benefit or Universal Credit, you can only apply for the two thirds that was not paid through Housing Benefit or Universal Credit.
Your council can apply for an RRO for rent paid through Housing Benefit or Universal Credit. You can contact your council and work together to apply for an RRO in some circumstances.
Amount of money you may get
If your application is successful, the landlord will have to pay you up to two years’ worth of the rent you paid. The final amount of the RRO will be decided by the FTT. This will be dependent on the following factors:
Conduct of the landlord
The conduct of the landlord is the behaviour and actions of a landlord in relation to the property, tenancy and RRO process. The conduct of the landlord may relate directly to the offence, or may be to do with something else. You will need to provide evidence of any landlord conduct in your applicant bundle.
Bad landlord conduct
Examples of bad landlord conduct include but are not limited to:
Failure to make repairs
This is where the landlord fails or is slow to deal with problems about the property they had been made aware of. Problems include but are not limited to:
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damp and mould
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leaks
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fire-safety concerns
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broken heating
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pests
Failure to send correct documentation
This is where the landlord fails or is slow to send you all the information the tenant needs at the start of the tenancy. Documents include:
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electrical and gas safety certificates
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Energy Performance Certificate
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written statement of terms
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tenancy agreement
Fire hazards
Fire hazards include but are not limited to:
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a lack of fire doors in a house of multiple occupation (HMO)
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no smoke alarm
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front door and escape route doors that do not allow occupants to escape quickly and safely in the event of a fire
Harassment, aggression or intimidation
This includes:
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trying to get you to leave the property without following the proper process
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entering the property without giving notice
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raising rent without following the correct process
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threatening behaviour
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behaving in a way that could make you leave
Non-compliance with other laws
This may include:
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asking for or accepting a higher rent than advertised
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failure to give good reason for not allowing a pet
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discrimination against you for any of the protected characteristics
Failure to comply with FTT directions
This includes:
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submitting a respondent bundle after the deadline set by the FTT
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not giving the FTT information when asked
Good landlord conduct
Examples of good landlord conduct include:
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responding to complaints about the property quickly and effectively
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providing all the correct documents at the start of the tenancy
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complying with all other laws
Conduct of the tenant
The conduct of the tenant is the way you behaved throughout your time renting the property.
Bad tenant conduct
Examples of bad tenant conduct include:
Anti-social behaviour
This can include:
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playing unreasonably loud music
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shouting
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swearing
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being aggressive or intimidating to neighbours
Damage to property
This involves deliberately or carelessly causing damage to or vandalising the property.
Rent arrears
This is where you have not paid rent on time or at all.
Breach of tenancy agreement
This can include:
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breaking the terms of your tenancy agreement with the landlord, such as subletting without permission
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using the property for illegal purposes
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failing to keep the property in an acceptable condition through negligence or deliberate damage
Good tenant conduct
Examples of good tenant conduct include:
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paying rent on time
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reporting issues in a timely manner
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keeping the property in a good state, as far as is reasonable in your capacity as a tenant
Convictions, financial penalties or RROs
If your landlord has previously been convicted of, received a financial penalty for or had an RRO made against them in the past, this can affect the amount of the RRO.
Previous offences
If the FTT is satisfied beyond reasonable doubt that your landlord has committed the offence you allege, it must consider past enforcement actions (convictions, financial penalties or RROs) for any of the offences when deciding the amount of the RRO.
Repeat offences
If your landlord has committed the same offence before (even at a different property or with different tenants) and had formal enforcement action taken against them for it, the FTT must make the RRO for the maximum amount – unless there are exceptional circumstances.
Already penalised for this offence
If your landlord has already been convicted of or given a financial penalty for the same offence you are applying for, the FTT must also make the RRO for the maximum amount – again, unless there are exceptional circumstances.
How to get this information
If you believe your landlord has had successful enforcement action of this kind taken against them, you should include evidence of it in your applicant bundle.
To get the information, you can speak to your council, who should consider providing you with it if it relates to your RRO application.
If you live within Greater London, or believe your landlord may operate in Greater London, you can search London Rogue Landlord Checker for information about relevant enforcement action that has been successfully taken against your landlord.
You can also search the tribunal website for any RROs received by your landlord.
Subletting and lodgers
Where a tenant who sublets is seeking an RRO, the amount that tenant has been paid in rent from any subtenants or lodgers will be taken into account by the FTT when deciding the amount of the RRO.
Speaking to your council
If you want to apply for an RRO, you may need to speak to your council first. This may be needed to:
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prove your landlord has committed certain offences
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make sure you are awarded the right amount
You can find details about what information to ask for to help prove each offence using the offences guidance.
If your council has any information relevant to your application or the amount the landlord may be ordered to pay you, they should consider providing you with it. This includes information:
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that proves or helps prove the alleged offence
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about convictions, financial penalties or RROs that your landlord has been subjected to
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about the landlord’s conduct
Your council may contact you asking for information to support an RRO they are seeking for rent paid through Housing Benefit or Universal Credit.
Applying with your council
If your council is applying for an RRO against your landlord, you can apply at the same time if any money was not paid through Housing Benefit or Universal Credit. Your applications will need to be separate, but if you apply alongside each other, you will have the benefit of sharing information and evidence. This may make your case stronger. Your cases may be heard together at the FTT. This will be decided by the FTT on a case-by-case basis.
Fees
When you submit your application to the FTT, you will be asked to pay an application fee. You can enclose a cheque with your application if you would prefer not to pay via online-banking. You will also have to pay a fee for a hearing if the FTT schedules one. This happens later in the process. The amount of the fee is stated in section 10 of the RRO1 form.
The FTT will give you information about how to make these payments, including relevant bank details and what reference to use.
Applicants that were all on the same tenancy agreement will only be charged one fee. Applicants at the same property on different tenancy agreements will each need to pay an application fee.
You may be eligible to get help with paying the fee. You should also refer to section 10 of the RRO1 form.
RRO application
To get an RRO, you will first need to send an application to the FTT. This involves:
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completing the RRO1 form
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gathering the other necessary documents that you will need at this stage
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sending everything to the FTT
RRO1 form
You will need to complete the RRO1 form and post or email it to the relevant Tribunal Regional Office. Follow the instructions on the form to complete this. You may find the extra information below helpful.
Joint tenants’ application
If you are applying with other residents or former residents as part of a joint application, you should include the names and contact details of all of you in the same form. When you are listing the names of the applicants, you should make clear who the lead applicant is by putting ‘lead applicant’ in brackets after the person’s name.
Details about the respondent
You will be asked to give the name of the respondent(s). The respondent is the person(s) and/or organisation(s) you are making your application against.
You will be asked to give the address and contact information of the respondent(s). If you do not have this information, put the contact details of the letting or managing agent or whichever contact details you were given to report issues to. When you do this, make a note in the form that you have not been given the address or contact information of the landlord.
Grounds for making the application
Section 9 is titled ‘grounds for making the application’. Here, you should:
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state the offence you are claiming your landlord has committed
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say whether or not your landlord has been convicted of or received a financial penalty for the offence, if you know this
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give a brief description of what you claim your landlord has done or failed to do to commit the offence
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say how much each applicant paid in rent for the period you are applying for
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say the total amount of rent you are applying for
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state whether Housing Benefit or Universal Credit was paid as part of anyone’s rent in the relevant period and how much
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avoid talking about your landlord’s conduct or general behaviour and instead include this in your applicant bundle when the FTT sends you directions
Other documents to send
You need to send other documents with your RRO1 form. These are:
A copy of your tenancy or licence agreement
Your landlord or agent should have given this to you before you moved in. If you do not have one, complete section 11 of the RRO1 form.
Details of rent payments
This should be in the form of a simple table or spreadsheet which displays each payment of rent in the period you are applying for.
If you sublet to subtenants or lodgers, include details of any payments you received from them.
Proof of rent payments
If you use a banking app, you can go onto the app and search the name of the account you paid the rent to. You can then download a report which lists all the relevant payments. This report can be sent to the FTT.
Alternatively, you can download your bank statements with the relevant payments and send them all to the FTT.
You can also request copies of your bank statements from your bank, which you can download or scan.
If you paid your rent in cash, you can use bank statements that show cash withdrawals as evidence. To support evidence of cash payments, you can also use communications such as emails or WhatsApp messages – for example, where you and your landlord arrange collection of the cash.
Signed letters of authority
If you are applying with others as part of a joint application with other tenants, you will need to decide who the lead applicant is. This is the person who communicates with the FTT on the other applicants’ behalf. The non-lead applicants will need to write and sign letters of authority. This is a letter that states they are happy for the lead applicant to act on their behalf and communicate with the FTT.
If you need help completing the form or providing the above documents, you can contact one of these organisations.
Application submission
Once you have completed your RRO1 form and gathered the other necessary documents, send everything to the FTT. Follow the instructions on the form to complete this. If possible, share a copy of your completed RRO1 form and the other documents with the respondent when you send it to the relevant Tribunal Regional Office.
Tribunal acknowledgement
The FTT will provide an acknowledgement that they have received your application. This will usually be done by email but sometimes by letter. At this time, the FTT will also notify your landlord that an RRO is being pursued against them.
Tribunal directions
The FTT will also send ‘directions’. This is a list of actions that you and the respondent need to do by a certain time. One of the main actions will be to create and send an applicant bundle.
You will be sent directions by the FTT either at the same time as they acknowledge your application or shortly after.
Applicant Bundle
A bundle is a term used to describe documents you give the FTT to support your claim. The FTT contacts you after they receive your RRO application. They usually tell you:
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when to send your bundle to them
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what to include in your bundle
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how to arrange documents in your bundle
Your applicant bundle needs to include all the evidence and details you want to present to the FTT at the hearing. The FTT may refuse to consider any evidence that is not in your applicant bundle.
For general information on preparing bundles for the Tribunal, see the ‘case preparation’ section of this guidance produced by His Majesty’s Courts and Tribunal Service.
Format
You should send your bundle as one document. Read the FTT directions to ensure your regional tribunal can receive bundles by email and where to send it to. You can also send your bundle by post to the address in Annex A on the RRO1 form.
If you are sending your applicant bundle electronically, you can convert all the documents you are using as part of your case to PDF documents. Websites are available which will enable you to convert, merge and order all the different documents. This will mean you can send the final applicant bundle as one document in the order you want it.
Information to include and structure
It is important that your applicant bundle includes all the necessary information. The sort of information you will need to include, along with a suggestion on how to structure your applicant bundle, is set out below.
Index
This should be a table that lists all sections and documents together with page numbers in the bundle. During the hearing the judge will use the index table to find evidence in your bundle.
Section 1 – statements of case
All the points you make in your statements of case should be backed up by evidence. Refer to your evidence when you make your statements and include that evidence as exhibits in section 3. This section should include the information outlined below.
Full details of the alleged offence
Present all the evidence you have to try to prove the landlord has committed the alleged offence. Use the information in the offences guidance to do this.
Details of rent payments
Give details about the rent you and any joint applicants paid.
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state the total amount paid
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provide a table or spreadsheet detailing how much rent you paid month by month as evidence – the same as you did for your initial application
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provide bank statements or screenshots of your banking app showing rent payments – again, the same as you did for your initial application
Enforcement action taken against the landlord
Give details about any other enforcement action against the landlord, including:
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whether your landlord has been convicted of or received a financial penalty for the offence you allege
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whether your landlord has been convicted of or received a financial penalty for the same offence on a different occasion
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whether your landlord has had an RRO made against them for the same offence on a different occasion
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whether your landlord has been convicted of, received a financial penalty for or had an RRO made against them for any of the RRO offences in the past
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relevant documentation to prove enforcement action has taken place as an exhibit
Conduct of the landlord
Give evidence of the landlord’s behaviour, including:
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descriptions and examples of bad or unsatisfactory behaviour
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descriptions of communications between you and the landlord which show bad conduct
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descriptions of disrepair or problems
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descriptions or summaries of council reports about the property’s condition
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include any evidence, such as screenshots of email chains, WhatsApp messages, pictures of disrepair, as exhibits
The conduct of the landlord section gives more information about good and bad landlord conduct.
Return of application and hearing fees
State that you want to be reimbursed for application and hearing fees, if you want this. The FTT will decide whether the landlord needs to reimburse you for these fees.
Statement of truth
Provide a statement confirming that everything you have said in your application and other documents is truthful.
Section 2 – witness statements
All applicants and as many tenants or other witnesses as possible should produce signed witness statements. What should be included in a witness statement will depend on which RRO offence you claim your landlord has committed. Include a statement of truth in your witness statement and make sure all other witnesses do the same. Other details that it might be appropriate for a witness statement to include are:
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the dates each tenant moved into and left the property
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the relationship between the different tenants
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any details about the landlord’s conduct
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details about the offence
If you cannot get witness statements from other tenants, your statement should say who lived in the property and when they lived there. Communications such as email exchanges and WhatsApp messages may also be useful for proving other people lived at the property.
Details on what should be included in witness statements for each offence can be found in the offences guidance.
Section 3 – exhibits
The third and final section should contain all relevant documents that support your application. This includes:
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any document referred to in any statement of case or witness statement
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any document that helps prove the offence
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any communication between you and the FTT
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any document sent to you by the FTT
Reference supporting documents as ‘exhibits’ throughout your statements of case and witness statements in your applicant bundle. For example, “As shown in exhibit Y…” or “As depicted in exhibit K…”.
If you need help creating your applicant bundle, you can contact these organisations.
Landlord’s evidence
After you submit your applicant bundle, the landlord should submit a ‘respondent bundle’ which compiles all their evidence in relation to the offence you claim they have committed. You should receive a copy of the landlord’s bundle when it is submitted to the FTT. You are likely to be given the chance to respond to the content of the landlord’s evidence in the respondent bundle before the hearing through a new bundle called an ‘applicant reply bundle’. The FTT will give you relevant directions if they want you to do this.
Pre-hearing settlement
You and your landlord might agree a solution without going to the tribunal. This is called reaching a settlement. This may involve your landlord paying you an amount in exchange for you withdrawing your application. Your landlord may approach you or you may approach them. You are under no obligation to accept a settlement offer made by your landlord. However, if you and the landlord have reached a settlement amount that you are happy with, you can accept.
In some cases, your landlord or their representative may offer to negotiate verbally. You may wish to keep settlement negotiations in written form. This will allow you to properly consider what is being offered to you and whether it is fair.
When negotiating a settlement with your landlord or their representative, you can include the words ‘without prejudice’ at the top of the message or in the subject line. This means the FTT should not take these communications into account when they determine the case if it is not possible to reach a settlement. Such documents should not be shared with the FTT in any bundles or via other means. If you want the communications to be taken into account by the FTT, you should make it clear that you are making an open offer of settlement.
You should not withdraw your application for an RRO until the money agreed in any settlement has been paid into your account. If the negotiations are close to the hearing date, you may request that the FTT delays the hearing until an agreement can be reached and payment made.
Mediation
The FTT may offer a mediation service to reach a settlement with your landlord. This typically involves a meeting between you, the respondent and a neutral mediator. You should consider whether this is a good option for you. You may want to use the FTT’s mediation service if you feel uncomfortable attending an FTT hearing or negotiating with the respondent privately. However, you may prefer to attempt a settlement with the respondent by correspondence as described above, rather than attending an in-person mediation.
Tribunal hearing
This is where your RRO application will be heard. There is guidance on what to expect coming to a court or tribunal.
FTT hearings can vary in structure, but they usually follow an order similar to the one below.
Opening
The FTT judge will introduce your application and set out the issues that are being addressed.
You may introduce your case. You can do this by briefly explaining why you are applying for an RRO and the offence you are claiming your landlord has committed.
Applicant’s case
This is when you should expect to present all the evidence in your applicant bundle that supports your application. You should listen to requests and instructions from the FTT on how they want you to present your case. Typically, you may do the following:
Evidence of the offence
Start by giving all the details of the offence you allege your landlord has committed. This involves talking the FTT through each part of the offence and your supporting evidence. The FTT needs to be satisfied beyond reasonable doubt that all parts of the offence have been committed.
The respondent is your landlord
Present your evidence that the person you have named as the respondent meets the landlord definition.
Landlord’s conduct
Here you should present all the evidence that your landlord behaved in a certain way and why this should affect the amount of the RRO. This includes evidence about the landlord’s general behaviour and details about previous enforcement action that has been taken against them.
Your landlord, their representative or someone from the FTT might ask you questions while you are presenting your case. It is helpful to think in advance about what the questions and points of challenge might be and how you will answer them.
Respondent’s case
The landlord or their representative will present their defence.
The landlord does not need to successfully dispute all your evidence. They only need to create reasonable doubt that they committed the offence. It is therefore important that you present all your evidence for every part of the offence.
The landlord’s arguments may involve the following:
Claiming they have not committed the offence
They might argue that they have not committed an offence. To do this, they may criticise the quality or completeness of your evidence. They may focus on one part of your evidence and/or argue that the sum of your evidence does not prove the offence beyond reasonable doubt.
Mitigating circumstances and statutory defence
A landlord may admit to committing the offence but argue it was the fault or responsibility of someone else, for example an agent or immediate landlord. If they can argue this successfully, the FTT may reduce the amount of the RRO accordingly. Or, the FTT may consider that they meet the criteria for a statutory defence and therefore reject your application.
Questions and cross-examinations
Both you and the landlord may be asked questions by the FTT to clarify points. This may feel uncomfortable, but it is not personal. Tribunals have to ask questions and allow the parties to disagree to get to the truth.
You may also be cross-examined by the landlord. As part of your preparation, think about how the landlord might criticise your evidence and consider how you will respond.
Consider cross-examining the landlord. Here, you can ask your landlord questions about the offence, the landlord’s conduct and the landlord’s defences. You should prepare these questions in advance using your landlord’s respondent bundle and you may also pick up on points they make in the hearing and ask questions about them, if you think it is appropriate.
Closing statements
You and your landlord will summarise your cases. You should:
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sum up the evidence which you think proves your landlord committed the offence you claim they have committed
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summarise your conduct and the conduct of the landlord and why this should affect the amount of the RRO award
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summarise your responses to your landlord’s defences, if you have any
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confirm if you want to be reimbursed for your application and hearing fees
General tips for the hearing
You may find the following tips about the hearing helpful. You should bring:
- a paper copy of your applicant bundle. This will allow you to easily refer to your evidence and answer questions about your evidence that are put to you
-a laptop if you have one. This will enable you to quickly look things up or search for something within your applicant bundle
Try to ensure all applicants are at the hearing. This means all applicants can give evidence and talk about their witness statements, which will make your case stronger. The FTT may decide not to make an award to an applicant that does not appear at the hearing without good reason.
Make sure you have time off work or other responsibilities. Hearings usually last around three hours, but they can take up to a full day. It is therefore important that you have enough time set aside. The government can help with childcare costs, even if it is only for a one-off event like a tribunal hearing.
Follow any instructions you have been given by the FTT about arrangements on the day, like how early to arrive before the hearing. You will need to go through security and find the correct room which takes some time. You will also want to have enough time to prepare all your documents so you know exactly where they are when you want to refer to them in the hearing.
Observe a hearing before you attend your own. This will be helpful to give you an idea of what FTT hearings are like and make you feel more comfortable when you have to attend your own.
Ask for the WiFi at reception. The FTT should have WiFi you can access, which will be helpful to make sure you have a secure internet connection.
Decision
The panel will not normally make their decision at the hearing. A written decision will be sent in the post. This is normally done within four weeks but can take longer.
Appeals
If you lose your case and you think the decision is legally wrong, you can apply for permission to appeal. You should think about the cost. Appeals cost more and it is not always possible to tell how much you’ll have to pay until the appeal is decided.
If the application to appeal leads to a hearing, the same tenants who were at the original hearing may need to be there. Appeal hearings tend to be arguments about the law rather than hearing the evidence again. Appeals are normally made where the FTT is said to have got the law wrong, and are heard by a single judge.
When you will receive the money
If the FTT makes an RRO against the landlord, they will set a date for the landlord to pay you the money. This is usually 28 days.
If the landlord doesn’t pay
If the landlord does not pay by the date set by the FTT, you can apply to your local county court for an order forcing them to pay. You must first apply to convert your tribunal judgment into an enforceable County Court Judgment (CCJ). There is no fee for this. If necessary, you can apply using Form N322A to use county court bailiffs to recover the debt.
Help applying for an RRO
There are some organisations which can help you with the process of applying for an RRO.
For hands-on help applying for an RRO and representation at the FTT hearing, you can contact:
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Justice for Tenants
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Flat Justice
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Safer Renting
These organisations are not-for-profit. However, they charge a fee to cover costs. This fee will only be payable if your application is successful.
For general advice, you can contact:
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Shelter
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Citizens Advice
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Safer Renting
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a tenant union
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your council
If you are a student, there may be student law clinics available. They may be able to give you general advice or help you complete your application.