Rent repayment orders: the risks for landlords

A rent repayment order is a tribunal order that makes a landlord pay back rent because they committed one of a list of housing offences, such as letting an unlicensed HMO or unlawfully evicting a tenant. Since 1 May 2026, the maximum is 2 years' rent, tenants and councils have 2 years to apply, and repeat offenders must pay the maximum. Rent repayment orders are separate from council fines, so you can face both.

What is a rent repayment order?

Rent repayment orders are set out in sections 40 to 46 of the Housing and Planning Act 2016. Where a landlord has committed a relevant offence, the tribunal can order them to repay rent:

• to the tenant, for rent the tenant paid; or
• to the council, for rent paid through Universal Credit.

The Renters' Rights Act 2025 made them much bigger and widened who can be liable, for offences committed on or after 1 May 2026. These rules apply in England.

What changed on 1 May 2026?

	Offences before 1 May 2026	Offences on or after 1 May 2026
Maximum order	12 months' rent	2 years' rent
Time limit to apply	Old rules	Within 2 years of the offence
Who can be liable	The landlord	The landlord, superior landlords and company directors
Repeat offenders	Old rules	The tribunal must order the maximum, save in exceptional circumstances, where there is a previous conviction, penalty or order for the same offence
Offences covered	Existing list	Existing list plus new Renters' Rights Act offences

None of these changes apply to offences committed before 1 May 2026.

Which offences can lead to a rent repayment order?

Offence	Status
Unlawful eviction or harassment of a tenant (Protection from Eviction Act 1977)	Covered
Letting an HMO or a selectively licensed house without a required licence	Covered
Relying on a possession ground knowing you couldn't get possession, or reckless as to that, where the tenant leaves within 4 months	New from 1 May 2026
Re-letting or marketing during the restricted period after relying on Ground 1 or 1A	New from 1 May 2026
Continuing a tenancy breach more than 28 days after a council penalty	New from 1 May 2026
Landlord database offences	In the Act, not yet in force
Landlord ombudsman offences	In the Act, not yet in force

Other housing offences are listed in section 40 of the Housing and Planning Act 2016. Check the current list on legislation.gov.uk if you are unsure whether an offence is covered.

Who can apply, and when?

Tenants can apply for rent they paid. Councils can apply for rent paid through Universal Credit. The application goes to the tribunal and must be made within 2 years of the offence.

The longer window means an offence can come back to you well after it happened, so put problems right as soon as you find them.

How much could you have to repay?

The ceiling is 2 years' rent. In round numbers:

Monthly rent	2 years' rent (maximum order)
£800	£19,200
£1,200	£28,800
£1,800	£43,200

The tribunal sets the amount, up to that maximum. For a repeat offender, where there is a previous conviction, financial penalty or rent repayment order for the same offence, the tribunal must order the maximum, unless there are exceptional circumstances.

Example. A landlord relies on Ground 1A to sell, the tenant leaves, and the sale falls through. Two months later the landlord re-lets the flat at £1,200 a month, inside the restricted period. That is an offence. The landlord can be prosecuted, or the council can impose a civil penalty of up to £40,000 instead, and a rent repayment order is also available for this offence, with a ceiling of 2 years' rent.

Rent repayment orders and council fines

A rent repayment order is a separate remedy from a council civil penalty or a prosecution. One set of facts can lead to:

1. a council penalty, or a prosecution; and
2. a rent repayment order to the tenant or the council.

An earlier penalty also counts towards the repeat-offender rule, so a second offence of the same kind means the maximum order. All the council penalties are in our guide to Renters' Rights Act fines.

How to avoid a rent repayment order

1. Check licensing before you let. Find out whether the property needs an HMO, additional or selective licence, and apply before letting or as soon as a scheme starts. See the HMO licence and selective licensing guides.
2. Never evict without a court order. Changing the locks or forcing a tenant out without a court order and enforcement officers risks the unlawful eviction and harassment offences. See illegal eviction.
3. Use Grounds 1 and 1A only if you mean it. Then respect the restricted period. See the protected period.
4. Don't rely on a ground you can't prove. If the tenant leaves within 4 months on the strength of a ground you knew was hopeless, that is an offence.
5. Put breaches right quickly. A breach that continues more than 28 days after a council penalty becomes an offence.
6. Know who is using your property. If you let to someone who sublets, you can now be liable as a superior landlord.

What to do next

Keep your licence expiry dates and safety certificates where you can see them; our compliance reminders track them for each property. If you are about to rely on Ground 1 or 1A, read the protected period rules first, and see the Renters' Rights Act hub for the other changes.