A rent repayment order makes a landlord pay back rent because of certain housing offences. Shelter states that since 1 May 2026 an order can cover up to two years of rent, double the old 12-month limit, and no criminal conviction is needed first.
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Key takeaways
- Shelter states that orders made from 1 May 2026 can cover up to two years of rent, up from 12 months.
- Shelter states that no criminal conviction is needed before an order is made.
- The offences are listed in section 40 of the Housing and Planning Act 2016. Leeds City Council states the Renters' Rights Act added more.
- Shelter says superior landlords can now be ordered to repay too, and Leeds City Council's policy covers rent-to-rent arrangements.
- At £1,500 a month in rent, two years of rent is £36,000.
Contents
What is a rent repayment order?
Shelter describes a rent repayment order as an order requiring a landlord who has committed certain offences to repay rent, housing benefit or universal credit. Either the occupier or the local council can apply.
The NRLA explains that rent repayment orders were first introduced in 2004 to penalise landlords for HMO licensing offences, and that applications go to the Residential Property Tribunal.
What changed on 1 May 2026?
The Renters' Rights Act changed the rules. Shelter sets out the main differences:
- The limit doubled. An order can now require up to two years of rent. Before 1 May 2026 the limit was 12 months.
- More people can be liable. An order can be made against the tenant's landlord and a superior landlord, regardless of who the rent was paid to.
- No conviction is needed. The landlord does not have to have been convicted of a criminal offence first.
Leeds City Council's policy adds that the Act extends the type of offences an order can be sought for, the time after an offence in which an order can be sought, and the period of rent that can be repaid.
Which offences can lead to an order?
The offences are listed in section 40 of the Housing and Planning Act 2016. They include:
- using or threatening violence to get into a property
- illegally evicting or harassing an occupier
- failing to comply with an improvement notice from the council
- failing to comply with a prohibition order
- running an HMO that needs a licence without one
- letting a house without a licence where the council runs selective licensing
- breaching a banning order
Leeds City Council states that the Renters' Rights Act added further offences to this list. The full, current list is in the Act and in the council guidance it refers to.
Who can be ordered to repay?
Shelter states that, for offences from 1 May 2026, an order can be made against the tenant's landlord and a superior landlord. For offences before that date, an order could not be made against a superior landlord or a company director.
Leeds City Council lists the landlords it may pursue as an immediate landlord, a superior landlord or a company landlord, and covers rent-to-rent arrangements in its policy. That matters for owners who let to a company that then lets the home on.
How much could it cost?
The cap is two years of rent. Here is what that looks like at three rent levels:
| Monthly rent | 12 months (old cap) | 24 months (cap from 1 May 2026) |
|---|---|---|
| £1,000 | £12,000 | £24,000 |
| £1,500 | £18,000 | £36,000 |
| £2,000 | £24,000 | £48,000 |
These are the maximums. The tribunal decides the actual amount, as the next section explains.
How is the amount decided?
Section 44 of the Housing and Planning Act 2016 says the tribunal must take into account the conduct of the landlord and the tenant, the financial circumstances of the landlord, and whether the landlord has been convicted of a relevant offence.
Shelter adds that a council can both prosecute a landlord and seek a rent repayment order for the same offence.
What about short stays?
Guestwise guests book stays of up to 30 days under a licence to occupy. Whether any particular arrangement counts as a tenancy depends on its real facts, so a solicitor is the right person to look at your own home.
Frequently asked questions
What is a rent repayment order?
Shelter describes a rent repayment order as an order requiring a landlord who has committed certain offences to repay rent, housing benefit or universal credit. A tenant or the local council can apply.
How much rent can a landlord be ordered to repay?
According to Shelter, an order made from 1 May 2026 can cover up to two years of rent. Before that date the limit was 12 months.
Does a landlord need a criminal conviction first?
No. Shelter states that a rent repayment order does not require the landlord to have been convicted of a criminal offence.
Can a rent repayment order be made against a superior landlord?
Yes, since 1 May 2026. Shelter says an order can now be made against the tenant's landlord and a superior landlord, regardless of who the rent was paid to, and that for offences before that date it could not be made against a superior landlord or a company director.
Who decides a rent repayment order?
The NRLA states that applications are dealt with by the Residential Property Tribunal, part of the First-tier Tribunal (Property Chamber).
Related guides
Sources
This is general information, not legal advice. It is our own interpretation of the rules as they stand on the date shown above, and the law can change. Speak to a qualified solicitor before you act on anything here.