扒哥吃瓜

This guidance is for tenants who rent privately and want to apply for a rent repayment order. For offences committed before 1 May 2026 different rules apply. 听For example, the maximum amount repayable is one year鈥檚 rent rather than two years鈥� rent, and the tenant must apply within one year of the offence being committed, instead of two years.

The First-tier Tribunal (FTT) may听use听this guidance听when dealing with RRO 肠补蝉别蝉.听

This guidance is not legal advice.听You can find legal advice 辞谤听肠辞苍迟补肠迟 听辞谤听.听You can also get advice from听辞迟丑别谤听辞谤驳补苍颈蝉补迟颈辞苍蝉.

Rent repayment orders听

A RRO allows you to receive up to two years鈥� worth of rent from a landlord who has committed certain housing related offences.

The purpose of RROs听is to deter landlords from committing offences and empower听you听to听take action听when听your听landlord听has broken听certain听laws.听听

RROs听are听a critical part of听improving and听maintaining听compliance in the private rented sector.听This听guidance听is aimed at giving听you听the听confidence听and information needed听to use them effectively.听

The offences听

You can apply for an RRO if you听think you听can prove听your landlord has committed one of the offences in this list听and you meet the other听别濒颈驳颈产颈濒颈迟测听谤别辩耻颈谤别尘别苍迟蝉.听

The听table below show the legislation that applies to each of the offences.

Offence Description	Legislation Reference
1. Offences in relation to unlicensed HMOs	Section 72(1) of the Housing Act 2004
2. Offences in relation to unlicensed houses	Section 95(1) of the Housing Act 2004
3. Failure to听comply with听an Improvement Notice	Section 30(1) of the Housing Act 2004
4. Failure to听comply with听a Prohibition Order	Section 32(1) of the Housing Act 2004
5. Illegal eviction and harassment of occupiers	Sections 1(2), (3) or (3A) of the Protection from Eviction Act 1977
6. Violence for securing entry	Section 6(1) of the Criminal Law Act 1977
7. Breach of a Banning Order	Section 21 of the Housing and Planning Act 2016
8. Knowingly or recklessly misusing a possession ground	Section 16J(1) of the Housing Act 1988
9. Letting or marketing of a property within twelve months of using the 鈥渕oving in鈥� or 鈥渟elling鈥� ground of eviction	Section 16J(2) of the Housing Act 1988
10. Continuous breach of certain tenancy reform requirements	Section 16J(3) of the Housing Act 1988

Your eligibility for an RRO听

You can apply for an RRO听if听all听the following conditions apply:听

• you are听(or were)听a tenant in the private rented sector听

• you听think you听can prove听your听landlord听committed听one of the听listed听offences听

• the听offence听was committed whilst you听rented听the property听

• the offence was committed听no more than two years before you make听your听application听

If you think offence 8 or 9 has been committed,听you can apply if the offence was committed after you moved out.听听

Some other听points听about eligibility to consider are:听

• your landlord does听not听need to have been convicted听of听辞谤听given a financial penalty for听the offence for听you to听successfully apply for an RRO听

• you can听apply for听an RRO no matter how you paid your rent, whether it听was听in advance or听in听instalments听or any other way听

• it does not matter who your rent was paid by听or how it was paid听

• it does not matter who you paid your rent to, whether it was your landlord, managing agent, letting agent, or any other person听

• you do not have to be renting听or living in听the property when you apply for an RRO听

• you cannot apply for听any rent paid by Housing Benefit or Universal Credit听

Preparing to apply for an RRO听

You will find the following points helpful to consider听when thinking about applying for an RRO.听

Evidence听

You听are responsible for听providing all the evidence for your听application.听You must prove every part of the offence听to the FTT (Property Chamber)听beyond reasonable doubt.听Find听out听听how听to do this for each offence in听the听offences听guidance.听听

First Tier听Tribunal听

The FTT听is a type of court that deals with property-related issues and disputes. It is where your RRO听application听will be considered and eventually heard.听It is less formal than regular courts and听more easily听accessible to the public.听FTT听cases are usually heard by a judge听and听one or听two laypersons.听听

Case precedents听听

When deciding the outcome of an RRO application, the FTT will consider 鈥榗ase听precedents鈥�. A case precedent is a past tribunal decision that judges can use as a guide听when deciding similar cases in the future. They are usually set in higher courts, like the Upper-tier听Tribunal. Where a precedent has been set in a higher court, judges in the FTT must follow that precedent.听The purpose of precedents is to help make sure the law is applied consistently as far as possible. Both you and your landlord can use case precedents to argue your 肠补蝉别蝉.听FTT judges听are not required to听follow earlier decisions of the FTT,听but both you and your landlord can still use these decisions to argue your case.听听

Timeline听

The process听of听getting an RRO听varies in听how long it takes.听What听happens听at each stage is explained听in more detail below, but the typical timeline is:听

1. Send听your听application听(RRO1 form听and other documents)听to the FTT.听

2. FTT听acknowledgement:听the听FTT听will听acknowledge receipt of your application and tell you if you need to听send any听additional听information.听At this stage, the FTT will ask you to pay听a听fee.听听

3. FTT directions and bundles:听The FTT will send you a list of actions you need to take. They will听likely include听creating an听applicant bundle听and the landlord creating a听respondent bundle. You will听likely be听given the opportunity to respond to the landlord鈥檚 bundle through an听applicant听reply bundle.听听

4. Hearing: the听FTT听will set a date for the hearing which you will attend and present your case.听All applicants should attend the hearing or give evidence to explain why they are not there.听听

5. Decision:听the听FTT听will听decide whether your application is successful and听if so,听how听much money your landlord needs to pay you.听The decision will be sent in writing after the hearing.听听

6. If your application is successful, the landlord听must听pay you. The听FTT听usually gives the landlord a maximum of 28 days听from the date of the decision听to do this.听

When to apply for an RRO听

You can apply for an RRO at any point within听two years of your landlord committing an offence.听You can still apply for an RRO after you have moved out and stopped paying rent at the property.听

Applying for an RRO whilst still renting the property should not听affect your relationship with the landlord. Your landlord cannot evict you because you have applied for an RRO. However, if you think applying may affect the relationship, you may choose to apply after you have left and after the deposit has been returned. If you do,听you must听comply with听the听two-year听time-limit.听

Who听an RRO can be made against听(respondent)听听

An RRO can be made against:听听

• a landlord, which may be an immediate landlord, superior landlord or company landlord听

• a director,听manager听or similar officer of a company听landlord听

• a licensor听

When you are completing your听RRO1 form,听you will need to name a 鈥榬espondent鈥�.听This is the person(s) and/or organisation(s) you think has committed an offence and who you are applying for an RRO against. You should therefore name any person(s)听and/or organisation(s)听from the above list as the respondent if you think they have committed an offence.听

You do not need to have paid rent directly to the respondent. An RRO听can be made against your landlord even if you paid your rent to someone else 鈥� for example, a letting agent, managing agent听or any other person.听You should听not, however,听name a letting agent or managing agent as the respondent as an RRO cannot be made against them.听

The respondent does not have to be听your听current landlord. They just need to have been听your听landlord at the time they committed the offence.听This does not apply to offences听8听and听9听in听the听offences听list.听

If it is not clear who your landlord is, you should name as the respondent anyone who might be your landlord听and could have committed an offence.听

Rent-to-rent arrangements听

You may be renting your home under a rent-to-rent arrangement.听This is where your landlord (immediate landlord) does not own the property you live in. Instead, they rent it from the owner (superior landlord).听If this is the case,听you can apply for an RRO against any or all the landlords in the chain听who听you think committed an offence.听听

You do not need to have paid rent directly to the person听or people听who you are naming as the respondent.听For example,听if you paid your rent to an immediate landlord, you听can听still name your superior landlord as the respondent听if you think they committed the offence.听听

Immediate landlord听

In a rent-to-rent arrangement,听an 鈥榠mmediate landlord鈥� is the person who you rent your home from. They are听likely to be听the person named听as your landlord听on the tenancy agreement and听probably听your听main point of contact. They may be an individual person or a company.听听

You should name both the immediate and superior landlord听as听respondents, if听you think both may have committed听the offence.听听

Superior landlord听听

A 鈥榮uperior landlord鈥� is the person who lets the property to your immediate landlord. They听are听likely听to听own the property. The superior landlord may not be named on your tenancy agreement.听You can find out who the owner of your property听is听by searching the听land registry.听听

You may wish to name the superior landlord as the听respondent if you feel the immediate landlord cannot or will not pay the amount of the RRO and you think the superior landlord could have committed the offence.听

Applying against听more than one person听and/or听organisation听

You may have more than one landlord听if you rent under a rent-to-rent arrangement or听rent from joint landlords. If this is the case, you can apply for an RRO against听any or听all听of听your landlords in the same application if you think they have committed an offence.听

If the FTT finds that all the people听辞谤听organisations听you have named听in your application have committed an offence,听they will be jointly and severally liable for the full amount of the RRO. This听means听each person听is responsible for听making sure the full amount of the RRO is paid.听However, you can choose to听take action听against any of them if none of them pays.听

Director, manager or officer of听company landlord听

Your tenancy agreement may name a company as the landlord, rather than an individual person. If this is the case, you should name听the听director(s), manager(s)听or senior officer(s) of that company as the respondents, as well as the company.听This is because in some circumstances, companies do not have enough assets to pay an RRO. To find out who the director, manager or senior officer of a company is, you can search听Companies House.听

How much听money to apply for听

The听maximum听amount you can apply for is听two years鈥� worth听of rent听you have paid.听It does not matter who you paid your rent to.听How much you can apply for depends on the offence听your landlord has committed.听

One-off offences听

A one-off offence is an offence that is committed once at a particular time.听If you are applying听because of听one of听these offences,听you听can听apply听for up to two years鈥� worth of rent ending with the date of the offence.听The offences are:听

• illegal eviction and harassment听

• violence to secure entry to a property听

• knowing or reckless misuse of a possession ground听

• letting or marketing of a property within one year of using the 鈥榤oving in鈥櫶�辞谤听鈥榮elling鈥櫶齡round听听

However,听the way you calculate the amount听for the offence of听letting or marketing of a property within one year of using the 鈥榤oving in鈥� or 鈥榮elling鈥� ground听can听be different. You can apply for up to two years鈥� worth of rent paid for the two years before either the date the offence was committed or, if the tenancy ends before that date, the date the tenancy ends.听

Ongoing offences听

An ongoing offence is an offence that is committed over听a听period听of time.听If you are applying听because of听one听of these offences,听you听can听apply for听up to two years鈥� worth of rent you paid听for听the period in which the offence was ongoing.听The offences are:听

• failure to license a property as it should be听

• failure to听comply with听an improvement notice or prohibition order听

• letting a property whilst having an active banning order听

• continuous breach of the tenancy reform requirements听

Rent paid through听Housing听Benefit or Universal Credit听

You cannot apply for an RRO听for听any rent paid through Housing Benefit听辞谤听Universal Credit. 听For example, if听one third of听your rent was paid through Housing Benefit or Universal Credit, you can only apply for the two thirds that was not paid through Housing Benefit or Universal Credit.

Your council can apply for an RRO听for听rent paid听through听Housing Benefit or Universal Credit.听You can听contact your听council听and听work together听to apply for听an听RRO听in some circumstances.听

Amount of money you听may听get听

If your application is successful, the landlord will have to pay you听up to two years鈥� worth of the rent you paid.听The听final听amount听of the听RRO听will be听decided听by the FTT. This will be dependent on the following factors:听

Conduct of听the landlord听

The conduct of the landlord is the behaviour and actions of a landlord听in听relation to the property,听tenancy听and RRO process.听The conduct of the landlord may relate directly to the听offence, or听may听be to do with听something else.听You will need to provide evidence of any landlord conduct in听your听applicant听bundle.听

Bad landlord conduct听

Examples of bad landlord conduct include听but are not limited to:听听

Failure to make repairs听

This is where the landlord fails or is slow to deal with problems about the property they had been made aware of. Problems include but are not limited to:听

• damp and mould听

• leaks听

• fire-safety concerns听

• broken heating听

• pests听

Failure to send correct documentation听

This is where the landlord fails or is slow to send you all the information the tenant needs at the start of the tenancy. Documents include:听

• electrical and gas safety certificates听

• Energy Performance Certificate听

• written statement of terms听

• tenancy agreement听

Fire hazards听

Fire hazards include but are not limited to:听

• a lack of fire doors in a house of multiple occupation (HMO)听

• no smoke alarm听

• front听door and escape route doors that do not allow occupants to escape quickly and safely听in the event of听a听fire听

Harassment,听aggression听or intimidation听

This includes:听

• trying to get you to leave the property without following the proper process听

• entering the property without giving notice听

• raising rent without following the correct process听听

• threatening behaviour听

• behaving in a way that could make听you听leave听

Non-compliance with other听laws听

This may include:听

• asking for or accepting a higher rent than advertised听

• failure to give good reason for not allowing a pet听

• discrimination against you for any of the听protected听characteristics听

Failure to听comply with听FTT directions听

This includes:听听

• submitting a respondent bundle after the deadline set by the FTT听

• not giving the FTT information when asked听

Good landlord conduct听

Examples of good landlord conduct include:听

• responding to complaints about the property quickly and听effectively听

• providing all the correct documents at the start of the tenancy听

• complying with听all other听laws听听

Conduct of the tenant听

The conduct of the tenant听is the way you behaved throughout your听time听renting the property.听听

Bad tenant conduct听

Examples of bad tenant conduct include:听

Anti-social听behaviour听

This听can include:听

• playing unreasonably loud music听

• shouting听

• swearing听

• being aggressive or intimidating to听neighbours听

Damage听to property听

This involves deliberately听or carelessly听causing damage to or听vandalising听the property.听

Rent arrears听

This is where you听have not paid rent听on time or at all.听

Breach of tenancy agreement听

This听can include:听

• breaking听the terms of your tenancy agreement with the landlord, such as subletting without permission听

• using the property for illegal purposes听

• failing to keep听the property in听an acceptable condition through negligence or deliberate damage听

Good tenant conduct听

Examples of good tenant conduct include:听

• paying rent on time听

• reporting issues听in a timely manner听

• keeping the property in a good state, as far as is reasonable in your capacity as a tenant听

Convictions, financial penalties or RROs听

If your landlord has previously been convicted of, received a financial penalty听for听or had an RRO made against them in the past, this can affect the amount of the RRO.听

Previous听offences听

If the FTT is satisfied beyond reasonable doubt that your landlord has committed the offence you allege, it must consider past enforcement actions (convictions, financial penalties or RROs) for any of听the听offences听when deciding the amount of the RRO.听

Repeat offences听

If听your听landlord has committed the same offence before (even at a different property or with different tenants) and had formal enforcement action taken against them for it, the FTT must make the RRO for the听maximum听amount 鈥� unless there are exceptional circumstances.听

Already听penalised听for this offence听

If听your听landlord has already been convicted of or given a financial penalty for the same offence you are applying for, the FTT must also make the RRO for the听maximum听amount 鈥� again, unless there are exceptional circumstances.听

How to get this information听

If you believe your landlord has had successful enforcement action of this kind taken against them, you should include evidence of it in your听applicant听bundle.听听听

To get the information, you can听speak to your council, who should consider providing you with it if it relates to your RRO application.听听

If you live within Greater London, or believe your landlord may听operate听in Greater London, you can search听听for information about relevant enforcement action that has been successfully taken against your landlord.听听

You can also search the听tribunal website听for any RROs received by your landlord.听听

Subletting and lodgers听

Where a tenant听who sublets is seeking an RRO, the amount that tenant听has听been paid听in rent听from听any听subtenants听or lodgers听will be听taken into account听by the FTT when听deciding the amount of the RRO.听

Speaking听to听your听council听

If you want to apply for an RRO, you may need to speak to your council first. This may be needed to:听

• prove听your landlord has committed听certain听offences听

• make sure you are awarded the right amount听

You can find details about what information to ask for to help prove each offence using the听offences听guidance.听

If your听council听has any information relevant to your application or the amount the landlord听may be ordered to pay听you, they听should consider听providing听you with it.听This includes听information:听

• that proves or helps prove the alleged offence听

• about听convictions, financial penalties or RROs听that your landlord has been subjected听to听

• about听the听landlord鈥檚听conduct听

Your听council听may contact you asking for information听to support an RRO they are听seeking听for rent paid听through听Housing听Benefit听辞谤听Universal Credit.听

Applying with your听council听

If your听council听is applying for听an RRO against your landlord, you can听apply听at the same time听if听any money听was听not听paid through听Housing听Benefit or Universal Credit.听Your applications will need to be separate, but if you apply alongside each other, you will have the benefit of sharing information and evidence.听This may make your case stronger.听Your cases may be heard together at the FTT. This will be decided by the FTT on a case-by-case basis.听听

Fees听

When you听submit听your application听to the FTT,听you听will be asked听to pay an application听fee. You can enclose a cheque with your application if you would prefer not to pay via听online-banking.听You will also have to pay a fee for a hearing if the FTT schedules one. This happens later in the process.听The amount of the fee is听stated听in section 10 of the听RRO1 form.听

The FTT will give you information about how听to make these payments, including relevant bank details and what reference to use.听

Applicants that were all on the same tenancy agreement will only be charged one fee. Applicants at the same property on different tenancy agreements will each need to pay an application fee.听

You may be eligible听to get听help听with听paying the fee.听You should also refer to听section 10听of the听RRO1 form.听

RRO听application听

To get an RRO, you will first need to send an application to the FTT.听This听involves:听

1. completing the听RRO1 form听

2. gathering听the other听necessary documents that you will need at this stage听

3. sending听everything to the FTT听 听

RRO1 form听

You will need to complete the听RRO1 form听and听post or email it to the relevant Tribunal Regional Office.听Follow the instructions on the form to complete this.听You may听find the extra information below helpful.听听

Joint听tenants鈥櫶齛pplication听

If you听are applying with听other residents or former residents听as part of a joint application, you should听include听the names and contact details of all of you in the same form. When you are listing the names of the applicants, you should听make clear who the lead applicant is by putting 鈥榣ead applicant鈥� in brackets after the person鈥檚 name.听听

Details about the respondent听

You will be asked to give the听name of the听respondent(s).听The respondent听is the person(s)听and/or听organisation(s)听you are听making your听application against.听听

You will be asked to give听the address and contact information of the respondent(s). If you do not have this information,听put the contact details of the letting or managing agent or whichever contact details you were given to report听issues to.听When you do this, make a note in the form that you have not been given the address or contact information of the landlord.听听

Grounds for making the application听

Section 9 is titled 鈥榞rounds for making the application鈥�.听Here, you should:听

• state听the听offence you are claiming your landlord has committed听

• say听whether or not听your landlord has been convicted of听or received a financial penalty for the offence, if you know this听

• give听a brief description听of听what听you听claim听your landlord has done听辞谤听failed to听do to commit the offence听

• say how much each applicant paid in rent听for the period you are applying for听

• say听the听total amount of rent you are applying for听

• state whether听Housing Benefit or Universal Credit was paid as part of anyone鈥檚 rent in the relevant period听and how much听

• avoid talking about your landlord鈥檚听conduct or general听behaviour听and听instead include this in your听applicant听bundle when the FTT听sends you听directions

Other documents to send听

You need to send other documents with your RRO1 form. These are:听

A听copy of your tenancy听辞谤听licence听agreement听听

Your landlord or agent should have given this to you before you moved in.听If you do not听have one,听complete听section听11听of the听RRO1听form.听

Details of rent payments听

This should be in听the form of听a simple table or spreadsheet which displays each payment of rent in the period you are applying for.听听

If you听sublet听to subtenants or lodgers, include details of any payments you received from them.听

Proof of rent payments听

If you use a banking app, you can听go onto听the听app and听search听the name听of the account you paid the rent to. You can then download a report which lists all the relevant payments. This report can be sent to the听FTT.听听

Alternatively, you can听download your bank statements with the relevant payments and send them all to the听FTT.听听

You can听also听request听copies of your bank statements from your bank, which you can download or scan.听听

If you paid your rent in cash, you听can听use bank statements that show cash withdrawals as evidence.听To support evidence of cash payments, you can also use communications such as emails or WhatsApp messages 鈥� for example, where you and your landlord arrange collection of the cash.听

Signed letters of authority听

If you are applying with others as part of a joint application听with other tenants,听you will need to decide who the lead applicant is. This is the person who communicates with the FTT on the other applicants鈥� behalf.听The non-lead applicants will need to write听and听sign letters of authority.听This is a letter that听states听they are happy for the lead applicant to act on their behalf and communicate with the FTT.听听

If you need help completing the form听or providing the above documents, you can contact one of听these听organisations.听听

Application submission听

Once you have completed your听RRO1 form听and gathered the other necessary documents, send everything to the FTT.听Follow the instructions on the form to complete this. If possible, share a copy of your completed听RRO1 form听and the other documents with the respondent when you send it to the relevant Tribunal Regional Office.听

Tribunal acknowledgement听

The FTT will听provide an听acknowledgement听that they have received your application.听This will usually be done by email but sometimes by letter.听At this time, the FTT will also notify your landlord that an RRO is being pursued against them.听听

Tribunal directions听

The FTT will also send 鈥榙irections鈥�. This is a list of actions that you and the respondent need to do by a certain time. One of the main actions will be to create and send an听applicant听bundle.听听

You will be sent directions by the FTT either at the same time as they acknowledge your application or shortly after.听

Applicant听Bundle听

A bundle is a term used to describe documents you give the FTT to support your claim.听The FTT contacts you after they receive your听RRO application. They usually tell you:听

• when to send your bundle to them听

• what to include in your bundle听

• how to arrange documents in your bundle听

Your听applicant听bundle needs to include all the evidence and details听you听want to present to the FTT at the hearing. The FTT may refuse to consider any evidence that is not in听your听applicant听bundle.听

For general information on preparing bundles for the Tribunal, see the 鈥榗ase preparation鈥� section听of this听guidance听produced by His听Majesty鈥檚听Courts and Tribunal Service.听

Format听

You should send your bundle as one document.听Read the听FTT听directions to ensure your regional tribunal can receive bundles by email and where to send it to. You can also send your bundle by post to the address in听Annex A听on the RRO1 form.听

If you are sending your applicant bundle electronically, you can听convert all the documents you are using as part of your case to PDF documents. Websites are available which will enable you to听convert,听merge听and order all the different documents.听This will mean you can send the final applicant bundle as one document in the order you want it.听听

Information to include听and structure听

It is important that your applicant bundle includes all the necessary information. The sort of information you will need to include, along with a suggestion on how to structure your听applicant听bundle, is set out below.听听

Index听

This should be a table that lists all sections and documents together with page numbers in the bundle. During the听hearing听the judge will use the index table to find evidence in your bundle.听

Section 1 鈥� statements of case听

All the points you make in your statements听of case should be backed up by evidence.听Refer to your evidence when you make your statements and include that evidence as听exhibits听in section 3. This section should include the information outlined below.听

Full details of the alleged offence听

Present all the evidence you听have to听try to prove the landlord has committed the alleged offence.听Use the information in听the听offences听guidance听to do this.听

Details of听rent听payments听

Give details about the听rent听you听and any joint applicants paid.听

• state the total amount paid听

• provide a table or spreadsheet detailing how much听rent you听paid听month by month as听evidence听鈥� the same as you did for your听initial听application听

• provide听bank statements听or screenshots of your banking app showing rent payments听鈥撎齛gain,听the same as you did for your听initial听application听

Enforcement action taken against the landlord听

Give details about any other enforcement action against the landlord, including:听

• whether听your听landlord has been convicted of or received a financial penalty for the offence听you allege听

• whether听your听landlord has been convicted of or received a financial penalty for the same offence on a different occasion听

• whether听your听landlord has had an RRO made against them for the same offence on a different occasion听

• whether听your听landlord has been convicted of, received a financial penalty听for听or had an RRO made against them for any of the听RRO听offences听in the past听

• relevant documentation to prove enforcement action has taken place as an exhibit听

Conduct of the landlord听

Give evidence of the landlord鈥檚听behaviour, including:听

• descriptions and examples of bad or unsatisfactory听behaviour听

• descriptions听of communications between you and the landlord which show bad conduct听

• descriptions of disrepair or problems听

• descriptions or summaries of听council reports about the property鈥檚 condition听

• include听any evidence, such as screenshots of email chains, WhatsApp messages,听pictures of disrepair,听as exhibits听

The听conduct of the landlord听section听gives听more information about good and bad landlord conduct.听听

Return of application and hearing fees听

State that you want to be reimbursed for application and hearing听fees, if听you want this.听The FTT will decide whether听the landlord needs听to reimburse you for these fees.听

Statement of truth听

Provide听a statement confirming that everything you have said in听your application and other documents听is truthful.听

Section 2 鈥撎齱itness听statements听

All applicants and as many tenants听or other witnesses听as possible should produce signed witness statements.听What should be included in a witness statement will depend on which RRO offence you claim your landlord has committed.听Include a statement of truth in your witness statement and make sure all other witnesses do the same. Other听details听that it might听be听appropriate for听a听witness statement听to听include听are:听

• the dates听each tenant听moved into and left the property听

• the relationship between the different tenants听

• any details about the landlord鈥檚 conduct听

• details about the offence听

If you cannot get witness statements from other tenants,听your statement should听say who听lived in the property听and听when听they lived there. Communications such as email exchanges and WhatsApp messages may also be useful for proving other people听lived听at the property.听

Details on what should be included in witness statements for each offence can be found in the听offences听guidance.听

Section 3 鈥撎齟xhibits听

The third and听final听section听should听contain听all relevant documents听that support your application.听This includes:听

• any document听referred to听in any statement of case or witness statement听

• any document that helps prove the offence听

• any听communication between you and the听FTT听

• any document sent to you by the FTT听

Reference听supporting documents as 鈥榚xhibits鈥櫶齮hroughout your听statements of case and witness statements听in听your听applicant听bundle. For example, 鈥淎s shown in exhibit Y鈥︹�� or 鈥淎s depicted in听exhibit K鈥︹��.听

If you need help creating your applicant听bundle, you can contact听these听organisations.听

Landlord鈥檚 evidence听

After you听submit听your applicant bundle,听the听landlord听should听submit听a 鈥榬espondent bundle鈥� which compiles all their evidence in relation to the offence you claim they have committed.听You should receive a copy of听the听landlord鈥檚听bundle听when it is听submitted听to the FTT. You are likely to be given the chance to respond to the content of听the听landlord鈥檚 evidence in the respondent bundle听before the hearing through a new bundle听called an 鈥榓pplicant reply bundle鈥�.听The FTT will give you relevant directions if they want you to do this.听

Pre-hearing settlement听

You and your landlord might agree a solution without going to the tribunal. This is called reaching a settlement. This听may听involve your landlord paying you an amount听in exchange for you withdrawing听your application.听Your landlord may approach you or you may approach them.听You are under no obligation to accept a settlement offer made by your landlord.听However,听if听you and the landlord have reached a settlement amount that you are happy with,听you can accept.听听

In some cases, your landlord听or their representative听may offer to negotiate听verbally.听You may wish to听keep settlement negotiations in written form.听This will allow you to听properly consider听what is being offered to you and whether it is fair.听

When听negotiating听a听settlement听with听your听landlord or their representative,听you听can听include the words 鈥榳ithout prejudice鈥� at the top of the message or in the subject line.听This means the FTT should not take these communications into account when they听determine听the case听if it is not possible to reach a settlement.听Such documents should not be shared with the FTT in听any bundles听辞谤听via other means.听If you want the communications to be听taken into account听by the FTT, you should听make it clear that you are making an open offer of settlement.听

You should not听withdraw your application听for an RRO听until the money听agreed in any settlement听has been paid into your account.听鈥婭f the negotiations are close to the hearing听date, you may听request听that the听FTT听delays听the hearing until an agreement can be reached and payment made.鈥嬏�

Mediation听

The FTT may offer a mediation service to reach a settlement with your landlord.听This听typically听involves听a meeting between you, the听respondent听and a neutral mediator.听You should consider whether this is a听good听option听for you. You may听want听to听use the FTT鈥檚 mediation service if you feel听uncomfortable attending an FTT hearing or negotiating with the respondent privately.听However, you may prefer to听attempt听a settlement听with the respondent听by correspondence as described above, rather than attending an in-person听mediation.听听

Tribunal hearing听

This is where听your RRO application will be heard.听There is guidance听on听听what to expect coming to a court or听tribunal.听

FTT听hearings can vary in听structure, but they usually听follow听an order听similar to听the one below.听

Opening听

The FTT听judge听will introduce听your application听and set out the issues that are being听addressed.听听

You may introduce your case. You can do this by听briefly听explaining why you are applying for an RRO and the offence you are听claiming听your landlord has committed.听

Applicant鈥檚 case听

This is when you should expect to听present all the evidence in听your听applicant听bundle听that supports your application. You should听listen to requests and instructions from the FTT on how they want you to present your case. Typically, you may听do the following:听

Evidence of the offence听

Start by giving all the details of the offence you allege your landlord has committed.听This involves听talking听the FTT through each part of the offence and your supporting evidence. The FTT needs to be satisfied beyond reasonable doubt that all parts of the offence听have been committed.听听

The respondent is your landlord听

Present your evidence that the person you have named as the respondent听meets the听landlord听definition.听听

Landlord鈥檚 conduct听

Here you should present all the evidence that your听landlord behaved听in a certain way and why this should affect the amount of the RRO.听This includes听evidence about the landlord鈥檚 general听behaviour听and details about听previous听enforcement action that has been taken against them.听

Your landlord, their representative or someone from the FTT might ask you questions while you are presenting your case.听It is helpful to听think听in听advance about what the questions and points of challenge might be and how you will answer them.听

Respondent鈥檚 case听听

The landlord or their representative will present their听defence.听听

The landlord does not need to successfully dispute all your evidence. They only need to create reasonable听doubt听that they committed the offence. It is therefore important that you present all your evidence for every part of the offence.听

The landlord鈥檚听arguments听may involve the following:听

Claiming they have not committed the offence听

They听might听argue听that they have not committed an offence.听To do this, they may听criticise听the quality or completeness of your evidence. They may听focus听on one part of your evidence听and/or argue that the sum of your evidence听does not prove the offence听beyond reasonable doubt.听

Mitigating circumstances听and statutory听defence听

A landlord may admit to committing the offence but argue it was the fault or responsibility of someone else, for example an agent or immediate landlord.听If they can argue this successfully, the FTT may reduce the amount of the RRO accordingly.听Or,听the FTT may consider that they meet the criteria听for a statutory听defence听and听therefore reject your application.听

Questions听and cross-examinations听

Both you and the landlord听may be asked questions by the FTT to clarify听points. This may feel uncomfortable, but it is not personal.听Tribunals听have to听ask questions and allow the parties to disagree to get to the truth.听

You may also be cross-examined by the landlord. As part of your preparation, think about how the landlord might criticise your evidence and consider how you will respond.听听

Consider cross-examining the landlord. Here, you can ask your landlord questions about the offence, the landlord鈥檚听conduct听and the landlord鈥檚 defences. You should prepare these questions in advance using your landlord鈥檚 respondent bundle and you may also听pick up on听points they make in the hearing and ask questions about听them, if听you think it is听appropriate.听听

Closing statements听

You and your landlord will summarise your 肠补蝉别蝉.听You should:听

• sum up听the evidence which听you think听proves your landlord committed the听offence you claim they have committed听听

• summarise听your conduct and the conduct of the landlord and why this should affect the amount听of the RRO award听

• summarise your responses to听your landlord鈥檚听defences, if听you have any听

• confirm听if听you want to be听reimbursed for your application and听hearing听fees听听

General tips听for听the听hearing听

You may find the following tips about the hearing helpful. You should bring:听

• a paper copy of听your applicant听bundle.听This will allow you to easily refer to听your听evidence and answer questions about your evidence that are put to you听

• a听laptop听if you have one.听This will enable you to quickly look things up or search for something within听your听applicant听bundle

Try to ensure all applicants are at the hearing.听This means all applicants can give evidence and talk about their witness statements, which will make your case stronger.听The FTT may decide not to make an award to an applicant that does not听appear at the hearing without good reason.听

Make sure you have time off work听or other responsibilities.听Hearings听usually last around three hours, but they can take up to a full day. It is therefore important that you have enough time听set aside.听The听government can help with childcare costs, even if it is only for听a one-off event like a tribunal hearing.听听

Follow any instructions you have been given by the FTT about arrangements on the day,听like听how early to听arrive听before听the hearing.听You will need to go through security and find the correct room which takes some time. You will also want to have听enough time to prepare all your听documents听so you know exactly where they are when you want to refer to them in the hearing.听

Observe听a hearing before听you attend听your听own.听This听will be helpful to give you an idea of what听FTT听hearings are like听and make you feel more comfortable when you听have听to听attend your own.听

Ask for the听WiFi听at reception.听The听FTT听should have听WiFi听you can access, which will be helpful to make sure you have a secure internet connection.听

Decision听

The panel will not听normally听make their decision at the hearing. A written decision will be sent听in听the post. This is normally done within听four听weeks but can take听longer.听

Appeals听

If you听lose your case and you think the decision is听legally wrong,听you can听apply听for permission听to听appeal.听You should think about the cost. Appeals cost more and it is not always possible to听tell听how much听you鈥檒l听have to pay until the appeal is decided.听

If the听application to听appeal leads to a hearing, the same听tenants who were at the original hearing听may听need to be there.听Appeal hearings tend to be arguments about the law rather than hearing the evidence again. Appeals are normally made where the FTT听is听said to听have got听the law听wrong, and听are heard by a single judge.听

When听you will receive the money听

If the FTT makes an RRO against the landlord, they听will set a date for the landlord to pay you the money.听This is usually 28 days.听听

If the landlord听doesn鈥檛听pay听

If the landlord does not pay by the date set by听the听FTT, you can apply to your local county court for an order听forcing them to pay.听鈥媃ou must first apply to convert your tribunal judgment into an enforceable County Court Judgment (CCJ). There is no fee for this.听鈥婭f necessary, you听can听apply听using听Form听N322A听to use听county court bailiffs to recover the听debt.听听听

Help applying for an RRO听

There are听some听organisations听which can help you with the process of applying for an RRO.听听

For hands-on help applying for an RRO and representation at the FTT hearing,听you can contact:听

• Justice for Tenants听

• Flat Justice听

• Safer Renting听

These听organisations听are not-for-profit. However, they charge a fee to cover costs. This fee will only be听payable if your application is successful.听

For听general advice, you can contact:听

• Shelter听

• Citizens Advice听

• Safer Renting听

• a听tenant union听

• your听council听

If you are a student, there may be student law clinics available.听They may be able to听give you general advice or help you complete your application.