FAQs

Question 1

1. When can I make a claim?

Answer

You can start your claim process during your tenancy or after it ends however it might be better to wait till your tenancy ends before starting your claim because your Landlord may be able to give you a valid section 21 notice once the court has looked at your compensation claim.

Question 2

2. How long have I got to make a claim?

Answer

You have 6 years to claim from the date the rules were broken.

Question 3

3. You should only consider claiming while you're still a tenant:

Answer

If you paid your deposit over 5 years ago.
If you understand the risk of section 21 eviction. If you paid your deposit before 6 April 2012, different deadlines applied for protection. But it may be too late to claim even if the rules were broken.

Question 4

1. Are there time limits on when an application must be made?

Answer

If the offence committed has a definitive date, such as an unlawful eviction, then an application must be made within 12 months of the offence being committed. If the offence is ongoing, such as a failure to license, then an application can be made at any time whilst the offence is still being committed but the amount of the RRO will be limited to the period of 12 months prior to the tenant’s application.

Question 5

2. How much can I re-claim?

Answer

The amount of rent that tenants can reclaim is capped at 12 months. Tenants can seek to
recover the rent paid in the period of 12 months before the date of the offence being
committed. If the alleged offence is continuing, for example, a failure to obtain a licence,
then the amount to be repaid will relate to the rent paid during which the landlord was
committing the offence for a period of up to 12 months prior to the tenant’s application to
the tribunal.

Question 6

3. I receive housing benefit/universal credit – can I make an application?

Answer

If you receive housing benefit or universal credit which covers your whole rent then you are not entitled to make an application for an RRO. In such cases it would be for the local authority to make a claim for a RRO. If housing benefit or universal credit pays a proportion of your rent and you are responsible for a “top-up” payment then you are entitled to make an application which will be limited to your own personal contribution. When making an RRO the tribunal will deduct the housing benefit or universal credit payments.

Question 7

4. What is an RRO offence?

Answer

Previously, an application for an RRO could only be made in circumstances were the Landlord had been prosecuted for failing to obtain the correct property licence required under HA 2004. However, the HPA 2016 substantially extends the range of offences for which an RRO
can be sought.
In addition to failing to obtain the correct licence, a tenant can make an application for an RRO if their Landlord commits one of the following offences;
1. Violent re-entry.
2. Unlawful eviction or harassment.
3. Failing to comply with an Improvement Notice served by the local authority.
4. Failing to comply with a Prohibition Order served by the local authority.
5. Where the landlord is in breach of a banning order.

FAQs

Frequently Asked Questions

Deposit Claim