Rent repayment orders: up to 2 years' rent, wider offences, superior landlords liable

A landlord or superior landlord of housing in England commits a listed offence.

Avoid the listed offences: violence for securing entry (Criminal Law Act 1977 s.6(1)); unlawful eviction or harassment (PEA 1977 s.1(2), (3), (3A)); misuse of possession grounds, breach of the 12-month re-let/re-market restriction, continuing tenancy-reform breaches (HA 1988 s.16J(1)-(3)); failure to comply with an improvement notice or prohibition order (HA 2004 ss.30(1), 32(1)); unlicensed HMO or selective-licence house (HA 2004 ss.72(1), 95(1)); breach of a banning order (HPA 2016 s.21).

Deadline

Ongoing

Tenant applications can be made within 2 years of the offence (HPA 2016 s.41(2)(b) as amended).

• Licences, compliance with notices, and lawful possession records

Criminal offence

Yes, you can be prosecuted

Rent repayment

A rent repayment order can be made

Other consequences

Repayment of up to 2 years' rent (less universal credit paid), jointly and severally where several landlords are liable. Repeat offenders (previous conviction, financial penalty or RRO for the same offence) face the maximum amount (HPA 2016 s.46 as amended). Future rows (not yet commenced): redress continuing breaches (RRA s.67) and PRS Database false information and continuing breaches (s.92).

• Housing and Planning Act 2016, s.40 (offences table), as amendedlegislation.gov.uk
• Housing and Planning Act 2016, s.44 (amount of order: tenants), as amendedlegislation.gov.uk
• Renters' Rights Act 2025, s.98 (RROs for HA 1988 offences; 2-year look-back)legislation.gov.uk
• Renters' Rights Act 2025, s.103 (RROs: liability of landlords and superior landlords; 2-year maximum)legislation.gov.uk
• Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421)legislation.gov.uk

Official guidance

SI 2026/421 reg 3(h) commenced s.98 except the rows for RRA ss.67 and 92 offences; transitional provision in reg 11 applies to offences before 1 May 2026.

• Tenancies must be rolling: no fixed terms and no ending a tenancy orallyIn force since 1 May 2026Fine up to £7,000

  Assured tenancies are now periodic with rent periods of a month or less. You must not purport to grant a fixed term, or end (or require the tenant to end) the tenancy by word of mouth.

• Respond to written pet requests within 28 days and do not refuse unreasonablyIn force since 1 May 2026

  A tenant can ask in writing to keep a pet. You must reply in writing within 28 days and can only refuse for a good reason. You cannot require pet insurance.

• Tenants can leave on two months' written notice; you cannot require moreIn force since 1 May 2026

  A tenant can end an assured periodic tenancy at any time with at least two months' written notice, or less if you have agreed in writing. You cannot demand more than two months.

• Renters' Rights Act penalty tiers: £7,000 breaches and £40,000 offencesIn force since 1 May 2026Fine up to £40,000

  Councils can fine up to £7,000 for most tenancy-rule breaches and up to £40,000 (instead of prosecution) for the serious offences, with repeat and continuing breaches escalating to the higher tier.