Pre-Action Letter for Rent Repayment Order (Unlicensed HMO)
Pre-action letter to a landlord seeking a Rent Repayment Order (RRO) before applying to the First-tier Tribunal for repayment of rent paid during an unlicensed HMO tenancy.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this letter when you have been living in a House in Multiple Occupation (HMO) that should have been licensed by the local authority but was not, or where your landlord committed another qualifying offence (unlawful eviction, illegal fees, non-compliance with improvement notice). Under the Housing and Planning Act 2016, tenants can apply to the First-tier Tribunal for repayment of up to 12 months' rent. This pre-action letter gives the landlord an opportunity to settle before a tribunal application.
When NOT to use this template
An RRO can only be made to the First-tier Tribunal โ you cannot issue it in the county court. Do not use this letter if the property is a single household let (not an HMO) unless another qualifying offence applies. The RRO application must be made within 12 months of the offence ending.
Legal Basis
Housing and Planning Act 2016, Chapter 4 (ss.40โ56) โ Rent Repayment Orders. The qualifying offences include: HMO licensing failure (Housing Act 2004, s.72); unlawful eviction or harassment (Protection from Eviction Act 1977, s.1); banning order offences; failure to comply with improvement notice; illegal letting agent fees.
Before you send
- Missing the 12-month time limit from the end of the offence for making a tribunal application
- Not obtaining evidence of the landlord's offence โ for an HMO, obtain a letter from the council confirming the property required but lacked a licence
- Not claiming for the full 12-month maximum period where the offence was ongoing
Common Mistakes to Avoid
- โMissing the 12-month time limit from the end of the offence for making a tribunal application
- โNot obtaining evidence of the landlord's offence โ for an HMO, obtain a letter from the council confirming the property required but lacked a licence
- โNot claiming for the full 12-month maximum period where the offence was ongoing
- โAttempting to apply in the county court rather than the First-tier Tribunal (Property Chamber)
Build Your Letter
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Letter preview
[YOUR FULL NAME (TENANT)] [YOUR CURRENT ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] [LANDLORD'S FULL NAME OR COMPANY NAME] [LANDLORD'S ADDRESS] Property: [ADDRESS OF THE RENTED PROPERTY] --- Dear [LANDLORD'S FULL NAME OR COMPANY NAME], **PRE-ACTION NOTICE โ RENT REPAYMENT ORDER APPLICATION** **Housing and Planning Act 2016, Chapter 4** I write to give you notice that I intend to apply to the First-tier Tribunal (Property Chamber) for a Rent Repayment Order under Chapter 4 of the Housing and Planning Act 2016 in respect of the above property. **The Qualifying Offence** [DESCRIPTION OF THE QUALIFYING OFFENCE] I have obtained/am in the process of obtaining evidence confirming this, including: [EVIDENCE YOU HAVE OR ARE OBTAINING]. **Rent Repayment** I paid the following rent during the period the offence was being committed: Period: [PERIOD DURING WHICH THE OFFENCE OCCURRED] Monthly rent: ยฃ[MONTHLY RENT PAID (ยฃ)] Total rent paid during the offence period: ยฃ[TOTAL RENT PAID DURING OFFENCE PERIOD (ยฃ)] (approximately [NUMBER OF MONTHS IN THE OFFENCE PERIOD] months) Under section 44 of the Housing and Planning Act 2016, the Tribunal may order repayment of some or all of the rent paid during the period of the offence, up to a maximum of 12 months' rent. **Settlement Offer** Before incurring the cost and delay of tribunal proceedings, I invite you to settle this claim by repaying the sum of ยฃ[SETTLEMENT SUM OFFERED (ยฃ)] within 21 days of this letter. If I do not receive a satisfactory response within 21 days, I will submit a Rent Repayment Order application to the First-tier Tribunal (Property Chamber) without further notice. Yours faithfully, [YOUR FULL NAME (TENANT)]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point โ adapt it to your specific circumstances.
Related Rights
Official Resources
Frequently asked questions
- What is a Rent Repayment Order and who can apply for one?
- A Rent Repayment Order (RRO) is a legal remedy available under the Housing and Planning Act 2016. It allows tenants to apply to the First-tier Tribunal for repayment of rent paid during a period when their landlord committed a qualifying offence, such as operating an unlicensed House in Multiple Occupation (HMO). The Tribunal can order the repayment of some or all of the rent, up to a maximum of 12 months' rent.
- When should I send a pre-action letter to my landlord?
- You should send a pre-action letter if you lived in an HMO that required a licence from the local authority but did not have one. It also applies if your landlord committed other qualifying offences, such as unlawful eviction, harassment, illegal fees, or failing to comply with an improvement notice. This letter gives the landlord a chance to settle the claim before you formally apply to the First-tier Tribunal.
- What are the key deadlines and procedural requirements for an RRO application?
- You must apply to the First-tier Tribunal (Property Chamber), not the county court. The application must be made within 12 months of the offence ending. For an unlicensed HMO, you should obtain evidence, such as a letter from the council confirming the property required but lacked a licence. Missing the 12-month time limit or applying in the wrong court are common reasons for failure.
- What information must be included in the pre-action letter?
- The letter should clearly state your intention to apply to the First-tier Tribunal under the Housing and Planning Act 2016. It must describe the qualifying offence, list the evidence you have (such as council confirmation), and detail the rent paid during the offence period. You should also include a specific settlement offer and a deadline, typically 21 days, for the landlord to respond before you proceed with the tribunal application.
- Can I claim for the full 12 months of rent even if the offence was ongoing?
- No, you cannot claim for the full 12-month maximum if the offence was ongoing for a shorter period. The Tribunal may order repayment of rent paid during the specific period the offence was committed. You should calculate the total rent paid during that exact timeframe. Claiming for the full 12 months when the offence was ongoing is listed as a common mistake to avoid.