The CQC has a wide range of criminal enforcement powers which include the power to prosecute and issue fixed penalty notices or simple cautions to organisations and individuals. These powers are, however, limited to registered providers and certain...
A rent repayment order (RRO) is a means for tenants/local authorities to reclaim a maximum of 12 months’ rent paid to their landlord. For some landlords, this will be a substantial amount of money, particularly if all tenants within one property make an application. The application must be made to the first-tier tribunal (property chamber) and the applicant must do so within 12 months of the alleged offence.
It is important to note that:
- The applicant must be able to demonstrate that the landlord has committed a housing offence (e.g. a failure to have the correct licence in place)
- The tenants can make an application regardless of whether a landlord has been prosecuted or convicted of a housing offence
- If the local authority are investigating you, prosecute you, or issue you with a civil penalty for an offence relating to HMO licensing and regulations, they will inform the tenants of their right to make an application for a rent repayment order; and
- If the tribunal award an RRO, payment must be made within 28 days of the order being made.
If you find yourself in this position, it is important that you seek legal advice at the earliest opportunity to ensure that your interests are protected. We can advise you on your legal position in relation to the RRO, prepare your case ahead of the tribunal hearing, and represent you at the hearing. Call us on 0161 696 6250.
Take a look at some of our HMO case studies and find out how we have helped landlords and managers with RRO proceedings.