106:
time falling outside the period of 12 months ending with the date of this application". This followed a letter to the FtT by Flat
Justice Community Interest Company pointing out the mistake. This is a significant move that will encourage more applicants: giving them more time to make RRO applications and the potential to recover more rent. The above correction of the RRO1 form and the interpretation of the timing of RRO applications has now been confirmed in an appeal case brought by Flat Justice CIC and decided 15/5/2019.
134:
The Upper
Tribunal (Lands Chamber) (UT) has overturned a decision of the FtT which would have allowed the licence of sold property to continue in force under the new owner, even though the HA 2004 clearly states that a licence is not transferable. Had the decision stood, then RROs for such properties
109:
RRO1 was updated 6/11/2019 and contained the new requirement that
Applicants submit a copy of their written tenancy agreement with the form. Flat Justice wrote to the London FtT pointing out that many tenants do not have a written agreement and that the form should be amended to allow for this. It is
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In addition, tenants under the new Act can apply for an RRO directly without the need for a prior conviction of the landlord through prosecution by a Local
Authority (LA). LAs have (prior to the 2016 Act) prosecuted on average only one landlord per year for such offences. LAs have the power to impose
144:
This case, reviewed on appeal at FtT, confirms that you can make your application within 12 months of the offence and that the rent you can apply for is not reduced by any delay (see RRO1 form correction above). Additionally, you do not need to specify the exact period of rent that you apply for.
105:
On 10 January 2019 the
President of the London First-tier Tribunal, Siobhan McGrath, announced that the form used for applications for RROs (RRO1) would be corrected. The following words will be removed from the form: "The Tribunal is not permitted to order payment of any amount in respect of any
170:
Refinement of the definition of "Beyond
Reasonable Doubt". This is the "criminal" level of evidence required to assure the possibility of an RRO award by the FtT and this appeal challenged the finding that any doubt at all meant that an application must fail. The UT found that the FtT had been
90:
There has been considerable variation in the awards received by tenants making RRO applications under the 2016 Housing and
Planning Act and there is some discussion regarding the use of guidance given by the Upper Tribunal under the 2004 Housing Act for making judgments under the new Act.
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A recent decision of The London
Property Tribunal found that guardians were able to use Rent Repayment Order (RRO) legislation to apply for their rent to be repaid when the property was not licensed as a House of Multiple Occupation (HMO).
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The form has now been amended so it makes it clearer that any written agreement can be enclosed with the form. In the absence of any written agreement, we have added a box where they can supply details of what has been
41:
to demonstrate that a local authority can use a rent repayment order to reclaim housing benefit. Local authorities can only apply for a Rent
Repayment Order where occupiers pay their rent with the assistance of
363:
110:
not even a legal requirement for landlords to issue a written agreement. 2/12/2019 the
President of the Tribunal agreed to have the form amended accordingly:
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Rent Repayment Orders are not obtained through the court's system but through a Residential Property Tribunal. Housing academic David Cowan writing in
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The landmark case that largely sets aside Parker v Waller (2012) and assumes that RRO awards should be 100% of rent paid, adjusted only by s44(4)
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Licensing of property is a "strict liability offence": it's no excuse for a landlord to claim they were unaware of the requirement to license
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unlimited fines or bring criminal charges. Fines for the above offences may be kept by the LA to fund enforcement in these areas.
536:"Mohamed & Anor, R (On the application of) v London Borough of Waltham Forest [2020] EWHC 1083 (Admin) (07 May 2020)"
314:
54:
37:
332:"Average of only one rogue landlord per council is prosecuted each year according to Parliament figures. - Renters News"
25:
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Recent articles suggest RROs are becoming a powerful tool for tenants to gain redress for sub-standard accommodation.
481:
535:
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Applicants can choose who is their landlord/Respondent in cases where there is ambiguity, e.g. Rent-to-Rent schemes
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A discussion of recent actual cases of tenant-instigated RRO applications, for the London area, can be found here.
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https://www.dartford.gov.uk/__data/assets/pdf_file/0005/46661/Rent_Repayment_Orders-A_Tenants_Guide_08.pdf
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499:
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171:"irrational" in its conclusion that the existence of any possibility of any doubt prohibited an RRO.
20:(RRO) is an order in the United Kingdom that allows a tenant or local authority to reclaim rent or
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Breaches of improvement orders and prohibition notices and of licensing requirements under the
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has changed when Rent Repayment Orders can be granted to include the following situations:
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43:
21:
295:
562:
345:
205:
257:
Home from Home: Addressing the Issues of Migrant Workers' Housing
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Rent Repayment Orders A Tenants’ Guide, Dartford Council, See
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where a landlord rents out an unlicensed property such as a
259:, Housing Conditions and Enforcement of Standards, p. 32
149:
Goldsbrough & Swart v CA Property Management Ltd.
382:"Get Rent Back: taking the fight to rogue landlords"
221:
219:
482:"Respondent Selection: Applicants can now choose"
272:Cambridge: Cambridge University Press, pp 68-69
522:Flat Justice: Helping Tenants to Get Rent Back
504:Flat Justice: Helping Tenants to Get Rent Back
486:Flat Justice: Helping Tenants to Get Rent Back
468:Flat Justice: Helping Tenants to Get Rent Back
450:Flat Justice: Helping Tenants to Get Rent Back
432:Flat Justice: Helping Tenants to Get Rent Back
414:Flat Justice: Helping Tenants to Get Rent Back
396:"How Rent Repayment Orders work November 2018"
255:Building and Social Housing Foundation (2008)
210:Flat Justice: Helping Tenants to Get Rent Back
364:"Rent Repayment Orders- 10 Cases Autumn 2018"
8:
309:
307:
305:
82:Breach of Banning Orders (new in this Act).
231:Nearly Legal: Housing Law News and Comment
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139:Sharma & Subramani v Chun Kwok Lau
175:Mohamed & Lahrie v Waltham Forest
7:
38:Newham London Borough Council v Ring
206:"Rent Repayment Orders- DIY Steps"
14:
77:Protection from Eviction Act 1977
368:Helping Tenants to Get Rent Back
350:Helping Tenants to Get Rent Back
346:"Rent Repayment Orders- HISTORY"
296:"Housing and Planning Act 2016"
184:Vadamalayan v Stewart & ORS
518:"Burden of proof in RRO cases"
135:would not have been possible.
1:
569:Housing in the United Kingdom
500:"Guardians Can Get Rent Back"
55:Housing and Planning Act 2016
464:"RRO timing under HaPA 2016"
75:Unlawful eviction under the
26:House in multiple occupation
410:"RRO1 Form to be Corrected"
158:Guardians can Get Rent Back
590:
46:or the housing element of
285:, Spiramus Press, p. 96
281:Denton-Ashly, G. (2013)
68:Violent entry under the
227:"Rent Repayment Orders"
446:"HMO licences on sale"
428:"RRO timing confirmed"
270:Housing Law and Policy
33:Housing Law and Policy
101:Application Form RRO1
70:Criminal Law Act 1977
550:"The Lands Tribunal"
129:Taylor v Mina An Ltd
18:Rent Repayment Order
574:Landlord–tenant law
398:. 13 November 2018.
384:. 5 November 2018.
268:Cowan, D. (2011),
233:. 14 January 2010.
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315:"BPF - 404"
563:Categories
193:References
186:(2020)
177:(2020)
167:(2020)
123:Case Law
151:(2019)
141:(2019)
131:(2019)
116:agreed.
28:(HMO).
318:(PDF)
53:The
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