The UK government has released detailed guidance to help tenants challenge landlords through rent repayment orders, a key measure under the Renters’ Rights Act. The changes come as penalties for landlords are becoming significantly tougher, with the maximum rent that can be reclaimed doubling from 12 months to 24 months. Alongside this, the government has published guidance outlining the court eviction process, ensuring tenants understand both their rights and the steps they can take to enforce them.
Who Can Use the Guidance?
While the guidance is primarily aimed at tenants in the private rental sector, councils may also find it useful when applying for rent repayment orders. It provides tenants with the knowledge to hold landlords accountable for offences such as operating an unlicensed HMO or failing to obtain a selective licence.
How Tenants Can Challenge Landlords
Tenants can start by checking if their landlord has committed an offence. This might involve:
- Searching online for the council’s “landlord licensing scheme” to see if a property falls under licensing requirements.
- Checking the council’s landlord licensing register, where available. Some councils publish public registers, while others do not, so absence from the register does not necessarily mean a property is unlicensed.
- Contacting the council directly if the property’s licensing status is unclear.
The guidance advises tenants to include critical details in their enquiries, such as the property address, the dates they lived there, and the number of unrelated people sharing the home. Tenants should also ask whether the property is licensable, whether a licence exists or has been applied for, and the effective date of any Temporary Exemption Notice (TEN) submitted.
Proving a Selective Licence Offence
To successfully challenge a landlord for failing to hold a selective licence, tenants must demonstrate three key points:
- The council had a selective licensing scheme covering the property.
- The property was privately rented.
- The landlord did not hold a licence.
Evidence may include copies of the council’s licensing scheme, tenancy agreements, deposit documents, witness statements, or confirmation from the council that the property was unlicensed. Supporting materials, such as emails or messages with the landlord or letting agent, can strengthen the tenant’s case.
Possible Landlord Defences
The guidance also explains the defences landlords may attempt, such as “reasonable excuse.” For this to succeed, the First Tier Tribunal must be satisfied that the landlord had a valid reason for not meeting the legal requirement.
Consequences for Landlords
Experts emphasise that rent repayment orders carry serious consequences. Des Taylor, a Landlord Licensing & Defence specialist, notes that these are strict liability offences. If a property required a licence but did not have one, the landlord is automatically liable, even if an agent failed them or they were unaware of the law.
The only viable defence is to provide detailed evidence proving compliance, such as time-stamped licence applications, payment receipts, bank statements, council acknowledgements, or documented phone calls. Without such proof, the tribunal is likely to accept the council’s position that no valid licence existed, leaving the landlord responsible for repaying rent.
Why This Matters
The updated guidance ensures tenants have a clear path to enforce their rights and holds landlords accountable for regulatory compliance. With stricter penalties and increased awareness of licensing requirements, landlords are being reminded of their legal obligations, while tenants are empowered to challenge unlawful practices.
By providing comprehensive steps for tenants, the government aims to reduce unlicensed lettings and improve standards in the private rental sector, protecting tenants and ensuring a fairer housing market.
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