Case Study of Using Rent Repayment Orders as a deterrent against non-compliance with housing regulations.
Written By
Charlie Young

Across the UK, particularly within London, we have seen a minority of landlords behaving increasing unscrupulously in the management of private sector tenancies.

While many housing issues can be resolved through communication unfortunately there are cases where claims for compensation are necessary.

Rent Repayment Orders (RRO) are a path through the First Tier Tribunal which empowers tenants to claim rent back from their landlord if any of the following offences have been committed:

  • Illegal eviction or harassment
  • Using or threatening violence to enter the property
  • Letting of an unlicensed property (where licensing is necessary)
  • Failure to comply with a banning order
  • Failure to comply with a improvement order
  • Failure to comply with a prohibition order

These orders provide compensation for tenants who have been treated unfairly by agents or landlords abusing their power or failing to meet some of their most basic obligations, they also act as a significant deterrent to rogue landlords with potential penalties of up to 12 months rent.
The proposed Renters Reform Bill proposes to take this threshold up to 24 months and expands upon the offences for which an RRO can be claimed for. Nucleus is determined to support tenants within the borough and to discourage landlords from unlawful practice.

Alana and Ewan approached Nucleus after their tenancy had been incorrectly terminated when the third joint tenant left the property. It became clear that the two had been living in an unlicensed house of multiple occupation (HMO). This was originally a two bedroom property which had been converted into a 3 bed HMO without the proper change in licensing.
Because of this, the landlord avoided having to meet basic requirements related to the property condition.

The property had been poorly managed as a whole with extensive disrepair that had not been addressed by the landlord including a faulty bathroom and poor ventilation. The incorrect ending of the tenancy left two out of three tenants in limbo, with their situation unclear and potentially liable for the rent of the third tenant who had left.
The landlord was aware of the incorrect licensing, and attempted to use the situation to raise the rent, before trying to force them out.

Both clients found the dispute exhausting. Alana and Ewan were unable to pay the rent of three people and built up arrears while they desperately sought alternative accommodation.
As the third tenant had not given notice to our clients, they were caught completely off kilter and had not been able to search for new accommodation until far too late.

As a result of the landlords poor management of the property, Alana and Ewan found themselves in a legally complex situation, threatened with homelessness while paying an unaffordable rent.

When they came to our office, we explored their situation and tried to come to a resolution, helping them stay in the property and request the landlord allow them to replace the third tenant - keeping the rent affordable. When this was refused it became apparent that the property was incorrectly licensed. With the landlord unable or unwilling to back down, we agreed to support them in submitting an RRO, completing paperwork and guiding them through the tribunal process including correspondence with the respondents to the claim.

We put together a strong claim where we were able to clearly demonstrate both the breach, and the effect of that breach on our clients.

We attended mediation with the clients and were able to achieve a settlement worth over £7000 which also protected the clients from further legal issues which arose over the dispute.

This was a huge relief to both applicants, who had had their issue resolved without paying legal costs - with the added benefit of significant compensation.
Both are now in suitable alternative accommodation.


If you think you may be eligible for a Rent Repayment Order, please come and speak to us at your earliest convenience.

Disclaimer: This blog is for general information only.
Nothing on this blog constitutes formal legal advice or gives rise to a solicitor-client relationship.
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