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Posted 27 March 2017
by Simon Sanger-Anderson

Rent Repayment Orders



Things are about to get a little tougher for those Landlords who choose not to obey the law because the scope of Rent Repayment Orders (RROs) is about to be widened when Part 2 of the Housing and Planning Act 2016 comes into force on 6th April 2017.

RROs are made by the first tier property tribunal and have previously been confined to when a Landlord is in breach of licensing for properties in multiple occupancy.

RROs can now be applied for if a Landlord has committed any of the following offences:

Actsectiongeneral description of offence
1Criminal Law Act 1977section 6(1)violence for securing entry
2Protection from Eviction Act 1977section 1(2), (3) or (3A)eviction or harassment of occupiers
3Housing Act 2004section 30(1)failure to comply with improvement notice
4section 32(1)failure to comply with prohibition order etc
5section 72(1)control or management of unlicensed HMO
6section 95(1)control or management of unlicensed house
7Housing and Planning Act 2016section 21breach of banning order

A tenant or the Local Authority can apply for an RRO. Where a tenant applies they cannot recover rent that was paid by way of Universal Credit. This must be the subject of an application by the Local Authority.  Applications must be made within 12 months of the date of the offence.

If the Landlord is also subject to a criminal prosecution it is likely that those proceedings will not have concluded prior to an RRO application being made. This may confuse some tenants who would perhaps understandably wait until the conclusion of the criminal proceedings, thereby running the risk of being out of time.

We will wait to see whether these new provisions lead to an increase in the number of RROs that are applied for.

For further advice please contact our specialist housing team lawyers

Broadwalk House, Southernhay West, Exeter EX1 1UA
call: 01392 204515 or email: housing@tozers.co.uk

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About the author

Simon Sanger-Anderson

Consultant and Solicitor

Consultant and solicitor within the employment team, Simon also leads the firm's cross departmental Social Housing Practice Group