The offences that qualify for a rent repayment order
A rent repayment order requires a criminal offence committed by the landlord during the tenancy. These are the ten qualifying offences, each with its statute and the evidence that wins.
1. Unlicensed HMO \u2014 Housing Act 2004 s.72(1)
Managing or being in control of an HMO that required a licence under Part 2 and did not have one. Evidence: the register check (no licence for your address), the tenancy agreement, proof 5+ people from 2+ households lived there (utility bills, electoral roll, group chat messages, tenancy agreements of flatmates).
2. Unlicensed house (selective licensing) \u2014 Housing Act 2004 s.95(1)
Letting a property in a selective licensing designation without a licence \u2014 even a single-family home. Evidence: the designation (check the council's scheme pages), register no-result, tenancy.
3. Failure to comply with an improvement notice \u2014 Housing Act 2004 s.30(1)
The council served a notice under s.11/12 and the landlord ignored it. Evidence: the notice itself (request a copy from the council), photos of the defect continuing.
4. Failure to comply with a prohibition order \u2014 Housing Act 2004 s.32(1)
Letting or using premises contrary to a prohibition order. Evidence: the order, proof of occupation.
5. Illegal eviction or harassment \u2014 Protection from Eviction Act 1977 s.1
Changing the locks while you're out, cutting power, removing belongings, threats to make you leave without due process. Evidence: timeline, texts, photos, witnesses, police incident numbers.
6. Violence to secure entry \u2014 Criminal Law Act 1977 s.6(1)
Using or threatening violence to enter occupied premises. Evidence: as above.
7. Breach of a banning order \u2014 Housing and Planning Act 2016 s.21(1)
Acting contrary to a banning order against a repeat offender landlord.
8. Misuse of a possession ground \u2014 Housing Act 1988 s.16J (new regime)
Knowingly or recklessly stating false or misleading facts to use a possession ground.
9. Re-letting after 'moving in'/'selling' \u2014 Renters' Rights Act 2025 s.10 (new regime)
Letting or marketing within 12 months of using the moving-in or selling possession ground. The Renters' Rights Act's anti-abuse ground.
10. Unlicensed HMO (Wales) \u2014 Housing (Wales) Act 2014 s.16
The Welsh equivalent for properties licensable under Welsh scheme rules; claims run through the Residential Property Tribunal for Wales.
The standard of proof
All RRO claims are decided to the criminal standard \u2014 beyond reasonable doubt. GOV.UK's offences guidance is explicit: *you* must prove every element. That makes the register screenshot, dated, the single most valuable document in an unlicensed-HMO claim \u2014 it converts a hunch into evidence.
Where each check lives
- The council HMO register directory \u2014 318 authorities, verified links and contacts.
- Selective licensing designations by council.
- The tribunal that decides it: regional offices.
*Reviewed by Sean McNamara against legislation.gov.uk and GOV.UK offences guidance. Last verified 2026-09-04.*
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Reviewed by Sean McNamara against legislation.gov.uk, GOV.UK tribunal guidance and council registers. Last verified: 2026-09-04.