Rent repayment order calculator
A rent repayment order requires a landlord to repay rent for an offence listed in the table in section 40(3) of the Housing and Planning Act 2016. A tenant may apply only where the offence was committed in the period of 2 years ending with the day the application is made, and the amount may relate to rent for a period of up to 2 years fixed by reference to the offence itself.
| Row | Provision | Offence | Period the amount may relate to |
|---|---|---|---|
| 1 | Criminal Law Act 1977, section 6(1) | Violence for securing entry | The period of 2 years ending with the date of the offence |
| 2 | Protection from Eviction Act 1977, section 1(2), (3) or (3A) | Eviction or harassment of occupiers | The period of 2 years ending with the date of the offence |
| 2A | Housing Act 1988, section 16J(1) | Knowingly or recklessly misusing a possession ground | The period of 2 years ending with the date of the offence |
| 2B | Housing Act 1988, section 16J(2) | Breach of restriction on letting or marketing dwelling-house | The period of 2 years ending with the date of the offence, or with the end of the tenancy where the tenancy ended first |
| 2C | Housing Act 1988, section 16J(3) | Tenancy reform: continuing breaches | A period, not exceeding 2 years, during which the landlord was committing the offence |
| 3 | Housing Act 2004, section 30(1) | Failure to comply with improvement notice | A period, not exceeding 2 years, during which the landlord was committing the offence |
| 4 | Housing Act 2004, section 32(1) | Failure to comply with prohibition order etc | A period, not exceeding 2 years, during which the landlord was committing the offence |
| 5 | Housing Act 2004, section 72(1) | Offences relating to unlicensed HMOs | A period, not exceeding 2 years, during which the landlord was committing the offence |
| 6 | Housing Act 2004, section 95(1) | Offences relating to unlicensed houses | A period, not exceeding 2 years, during which the landlord was committing the offence |
| 7 | Housing and Planning Act 2016, section 21 | Breach of banning order | A period, not exceeding 2 years, during which the landlord was committing the offence |
The right hand column is what makes the anchor differ between offences. Some rows count back from the date of the offence, one counts back from the earlier of the offence and the end of the tenancy, and the rest run during the offence and are bounded rather than fixed.
LLCR
LLCR is a private compliance register for landlords and letting agents in England. It keeps every certificate, deadline, notice and proof of service for each property in one tamper-evident record, so the evidence exists in order when a tenant, a council or a court asks for it. It is not a government service and is separate from the Private Rented Sector Database and any other statutory register.
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How this is calculated
The offence selected fixes which limb of the table in section 44(2) applies. Some offences anchor the period to the date of the offence, one anchors it to the earlier of the offence and the end of the tenancy, and the rest run during the offence.
The application window is the period of 2 years ending with the day the application is made, from section 41(2)(b). A period expressed as ending with a day includes that day, so the first day of the window is the application date less 2 years plus one day.
The recoverable period is counted the same way but from the offence rather than from the application. Where the period runs during the offence and a first day is entered, it starts at that day or at the earliest day the section allows, whichever is later.
The maximum sum is the rent entered as paid in respect of the period, less any universal credit entered for the same period, under section 44(3). No rent is derived from a monthly figure, because a sum built that way would be an estimate carrying the label of a statutory maximum.
Worked example
Take an application made on 1 June 2026 for an offence relating to an unlicensed HMO, where the property was unlicensed from 1 November 2025 until 31 May 2026.
- The application window is the period ending with 1 June 2026, so the earliest offence date it reaches is 2 June 2024. The offence falls inside it.
- The offence sits in the limb of section 44(2) that runs during the offence, so the recoverable period is bounded by the maximum rather than counted back from a date.
- The last day is 31 May 2026. The earliest day the section allows is 1 June 2024, and the offence began later than that, on 1 November 2025.
- The recoverable period is therefore 1 November 2025 to 31 May 2026, which is 212 days, and the tribunal may fix any period within it.
Based on the figures entered, the application falls inside the window in section 41(2)(b) and the recoverable period runs from 1 November 2025 to 31 May 2026. Each answer comes from a different subsection, and they are not the same period.
Frequently asked questions
What is the difference between the application window and the recoverable period?
They answer different questions and are anchored to different days. The window in section 41(2)(b) counts back from the day the application is made and decides whether an offence can found an application at all. The period in section 44(2) counts from the offence and decides which rent an order may relate to. An offence can sit inside the window while the recoverable period begins before it, so a single date cannot express both.
Does the landlord have to be convicted first?
No. Section 43(1) allows the First-tier Tribunal to make an order if it is satisfied beyond reasonable doubt that the landlord committed the offence, whether or not the landlord has been convicted. A conviction matters instead under section 46, which requires the maximum where one exists.
Can an order be made against a superior landlord?
Section 40(1)(b) extends the power to any superior landlord in relation to the tenancy, and section 40(2A) reads the rest of the Chapter accordingly where the offence was committed by that superior landlord. Both were inserted by the Renters’ Rights Act 2025 and are in force.
When must the tribunal award the maximum?
Section 46 requires the maximum where either condition is met: the landlord has been convicted of the offence or has received a financial penalty for it with no prospect of appeal, or the landlord has previously been convicted, penalised or made subject to a rent repayment order for the same offence. In those cases the matters in section 44(4) are disregarded, subject to the exceptional circumstances release in section 46(5).
Is universal credit deducted from the sum?
Section 44(3)(b) caps the sum at the rent paid by or on behalf of the tenant in respect of the period, less any relevant award of universal credit paid in respect of rent under the tenancy during that period. Where a local housing authority applies instead of the tenant, section 45 deals with the amount and is not covered here.
Statutory source
The offences are listed in the table in section 40(3) of the Housing and Planning Act 2016. Section 41(2)(b) sets the period within which the offence must have been committed for a tenant to apply, counted back from the day of the application. Section 43(1) sets the standard of proof and makes an order available whether or not there has been a conviction. Section 44(2) sets the period the amount may relate to, section 44(3) caps the sum at the rent paid less any relevant award of universal credit, and section 44(4) lists the matters the tribunal must take into account. Section 46 requires the maximum where the landlord has been convicted, has received a financial penalty with no prospect of appeal, or has previously been convicted, penalised or made subject to an order for the same offence. The Renters’ Rights Act 2025 amended each of these and the amendments are in force.
Last reviewed 21 August 2026.
This tool provides general information based on legislation applying to England. It is not legal advice and does not account for every circumstance. Figures should be confirmed against the current legislation or with a qualified adviser before being relied on.
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