扒哥吃瓜

This guidance outlines the offences a landlord might commit which allow tenants and councils to seek a Rent Repayment Order (RRO) against them. It aims to help tenants:

• understand what the听RRO offences are听

• find out whether听their听landlord听has committed听an offence听

• prove that听their听landlord听has committed听an offence听

This guidance should be read alongside the Rent Repayment Orders guidance for tenants.听听

This guidance is primarily intended for tenants in the private rented sector, but local councils may also听find it helpful听when applying for RROs.听听

This guidance is not legal听advice.听You can听find听legal advice, or听contact or .听You can also get advice from other organisations listed in the Rent Repayment Order: guidance for听tenants.听

First-tier Tribunal听

The听Property Chamber of the听First-tier Tribunal听(FTT)听is a type of court that deals with property-related issues and disputes. It is where your RRO case will be considered and eventually heard. It is designed to be 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 one or two laypersons.听

础辫辫濒颈肠补苍迟听产耻苍诲濒别听

All evidence听you have听of the offence you听believe听your landlord has committed听should be included in听your applicant听bundle.听An applicant听bundle is a collection of documents compiled into one听single document听that you听will need to send to the FTT 补蹿迟别谤听蝉耻产尘颈迟迟颈苍驳听测辞耻谤听RRO application, as and when directed by the FTT.听Your applicant听bundle needs to include all the evidence you want to present to the FTT at the hearing. The FTT may refuse to consider any evidence that is not in听your applicant听bundle.听听

Find out how to create an applicant bundle in the听guidance for tenants seeking听RROs.听听

搁别蝉辫辞苍诲别苍迟听

When you send your RRO application, you will be asked to name a 鈥榬espondent鈥�.听The respondent is the person you are applying for an RRO against and who you听allege听has committed an offence. The respondent can be:听

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

• a听director,听manager听or听other senior听officer of a company听landlord听

• a licensor听

For an explanation of听these terms, see the听RRO guidance for听tenants.听

You need evidence in your bundle to show that the respondent meets the landlord definition.听Evidence can include:听

• witness statements from tenants confirming that the respondent听meets the landlord definition听

• bank statements showing you paid rent to the respondent听(if you paid rent directly to the respondent)听

• land registry entry showing the respondent as the owner听of the property, if applicable听

• tenancy agreement which lists the respondent鈥檚 name as the landlord听

• communications which show or suggest the respondent has a financial interest in or connection to the property听

• if your landlord is a company, evidence that the respondent is a director,听manager听or senior officer of that company, which you can find by searching听Companies House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听in this list.听听听

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

Unlicensed HMO or house听

Licensing schemes exist to make sure privately rented听homes听meet certain safety听and听management standards. Landlords听are responsible for听making sure their property is licensed correctly. If a property is not licensed when it should be, the landlord is听likely听committing听an offence.听

Types of licensing schemes听

Two of the three types of licensing schemes relate to houses of multiple occupation (HMOs). An HMO is a rental property where at least three people from different households live together and share听common areas听like kitchens or bathrooms.听

Mandatory HMO听licensing听

Mandatory HMO licensing applies to all properties in England occupied by five or more people from two or more households.听Other, less common听types of HMOs 鈥� including听converted buildings听and听converted听houses听鈥撎齛lso fall under Mandatory HMO听licensing requirements.

Additional HMO听licensing听

Where an additional HMO licensing scheme is in place, houses with three or four people from two or more households must be licensed.听Additional听licensing schemes are brought in by local councils and last for听up to听five years. They do not exist in every council area. Schemes sometimes only cover part of the council area and sometimes the whole area.听

Selective听licensing听

Where a selective licensing听scheme is in place,听all privately rented houses in a certain area must be licensed. Selective licensing schemes are brought in by local councils and last for听up to听five years. They do not exist in every council area. Schemes sometimes only cover part of the council area and sometimes the whole area.听

Finding听out if your landlord听has committed听a licensing offence听

If you听think your听landlord needs a licence for your听home, you can check whether they have one by following these steps:听听

1. Type the name of your council followed by 鈥榣andlord licensing scheme鈥� into Google or another search engine. This should bring up links to your council鈥檚 website with details of any licensing scheme they have in place.听

2. Type the name of your council followed by 鈥榣andlord licensing register鈥� into Google or another search engine.听Some councils have a public register of licensed properties and others do not. If your council has a public register,听search听for your address to see if your听property听is listed. If your听property听is not listed, this does not necessarily mean your landlord does not听have听the correct licence. It might just mean the register is not up to date.听听

3. If you do not find your property on the register,听email your听council.听In your email,听give details of:听

• your address听

• the dates you lived at the property听

• the number of people you shared the house with听who are from a different household (i.e., they are听not听your family听or partner)听

Ask the council:听

• whether your home is licensable听

• if it is licensable,听whether听it currently听has听a licence under any of the licensing schemes听operated听in the council鈥檚 area听

• whether an effective application for a licence has been duly made听or a Temporary Exemption Notice (TEN) has been given听

• if there has been an effective licensing application or TEN, what the effective date of that application or TEN was听

If your council confirms听all of听the following:听

• your home is licensable听

• your landlord听has not applied for a听licence or听had not applied for one for any of the time you lived there听

• your landlord听has not been granted a TEN听

then听your landlord听may听have committed an听offence. Use the below information to听help听prove your landlord has committed an offence.听

Proving听an HMO licensing offence听

To prove your landlord听has committed听the offence of failure to license an HMO,听you first need to听show听that one of the following two conditions apply:听

• you live听or lived听in an HMO听with five or more people from two or more households, or听

• your council has听or had听an听additional听licensing scheme in place which covered听your postcode听at the time of the alleged offence听(if听you live in听an HMO with three or four people from two or more households)听

Then, you need to prove听all of听the following:听

• your听home听meets one of the HMO tests听

• the person you are naming as the respondent听meets the听landlord definition听

• your听home听is unlicensed听

A landlord is defined as听an听immediate landlord, superior landlord or company landlord. They can also be听a director,听manager听or a听similar officer of a company landlord. A landlord can also be听a licensor.听

Your council has听additional听HMO licensing听

If you live in an HMO of three or four people听from two or听more households,听you听will need to prove is that your council has an听additional听HMO licensing scheme in place which covers your postcode. To do this, you need to include the following in听your applicant听bundle.

A听copy of the听additional听licensing scheme听

You听can听find this听document听by searching听for the name of your council followed by 鈥榣andlord licensing scheme鈥� using a search engine听(like Google).听This should bring up details of any licensing scheme in your听council听area. Save the details of the scheme including the area, start and end dates听and the document itself.听This is the document you need to include in your applicant bundle.听

Proof your home is or was covered by the scheme听

You can check this by using this听听and checking if it is in the same area as the area covered by the licensing scheme.听Take a screenshot of your location on the map and include it in your applicant bundle.听听

Your home听is an听HMO听

You will听also need to prove your听home听is an HMO.听There are听different types听of HMOs.听For a house听or building听to be considered an HMO, it needs to meet听one of听the following tests:听

Standard听HMO test听

A house is an HMO if all these conditions apply:听

• it is shared by at least three people from two or more households听

• it is their main听home听and the property is only used for that purpose听

• they pay rent听

• they share facilities like bathrooms and听kitchens听or the accommodation is missing a basic facility such as a kitchen or bathroom听

Self-contained flat test听

The criteria to meet the self-contained flat test are the same as the standard test, but they apply to individual flats.听听

To prove听your home听meets either of these tests, include witness statements from other people who live or lived in the house in your听applicant听bundle. The statements should confirm:听

• that you all used the house as your main residence when the house was unlicensed听

• the dates you all moved in and moved out of the house听

• you all shared at least one key facility like a kitchen or bathroom听

• you are not part of the same family or in a couple with any of the people who live there听

If you cannot get witness statements from people who lived at the house, other evidence you could use includes:听听

• tenancy agreements听

• deposit protection certificates听

• communications with the landlord or agent about the tenancy or tenants听

Converted building HMO test听

You may live in a converted听building听HMO. A building is a converted HMO if:听

• it听is home to at least three people who are not part of the same household听

• it was originally听a single property听but has been converted into flats or bedsits and at least one of the units of accommodation is not a self-contained flat听

• it is their main听home听and the property is only used for that purpose听

• the听people who live there pay rent听

Converted houses 鈥撎�鈥榮ection 257鈥櫶�HMOs听

This test applies to whole converted properties rather than individual properties. A building would meet this test if:听

• it is home to three or more people who are not part of the same household听

• it has been converted into and is made up of self-contained flats听

• it does not听comply with听the听appropriate building听standards (under the听Building听Regulations 1991 or 2000, whichever were in force at the time the building was converted)听

• more than one third of the flats are rented听

• the听people who live there pay rent.听

To prove that听your听building meets one of these tests, you should include听witness statements in your applicant bundle听from other people who lived in the building. These should听state:听

• that the building was originally听a single property听but has been converted into flats or bedsits听

• at least one third of the flats are听rented (if you think it is a section 257 HMO)听

• the dates each person moved in and moved out of the building听

• that you all used the house as your main residence听whilst the offence was ongoing听

If you cannot get witness statements from the other people who lived at the house or building, other evidence you can use includes:听

• tenancy agreements听

• deposit protection certificates听

• communications with the landlord or agent about the tenancy or tenants听

The听landlord does not have a licence听

To prove your landlord does not have a licence, use the reply you got from your council which听stated听that your house is not licensed.听Include听a copy of the email听in听your applicant听bundle.听

Proving听a selective听licensing offence听

To听prove your landlord听has committed听the offence of听failing to hold听a selective licence, you need to听show听several things. These are:听

• your council has a selective licensing scheme in place which covers your postcode听

• your听home听is privately rented听

• your landlord or superior landlord does not have a selective licence听for the property.听

Your council has selective licensing听

The first thing you need to prove is that your council has听or had听a selective licensing scheme in place which covered听your home听at the time听the offence was committed. To do this, you need to include in听your applicant听bundle:听听

A copy of the selective licensing scheme听

You听can听find this听document听by searching听for the name of your council followed by 鈥榣andlord licensing scheme鈥櫶齯sing听a search engine听(like Google).听This should bring up details of any licensing scheme in your听council听area. Save the details of the scheme including the area, start and end dates听and the document itself.听This is the document you need to include in your applicant bundle.听

Proof your home is or was covered by the scheme听

You can check this by using this听听and checking if it is in the same area as the area covered by the licensing scheme.听Take a screenshot of your location on the map and include it in your applicant bundle.听听

Your home听is privately rented听

You will also need to prove听your听home听is privately rented. To do this, include in your applicant bundle witness statements听from听you听and other听tenants听(if applicable)听which confirm:听

• you rented your home听privately from the landlord听

• the dates听and other听tenants听(if applicable)听and anyone else moved in and听(if applicable)听moved out听

• the听home听was听your听main residence听at the time the offence was听being听committed听听

Further evidence you should put in your applicant bundle includes:听

• tenancy agreements听

• deposit protection certificates听

• communications with the landlord or agent about the tenancy or tenants听

Your landlord does not have a selective licence听

To prove your landlord does not have a licence, use the reply you got from your council which听stated听that your house is not licensed.听You should include a copy of this in your applicant bundle.听

Landlord defences for being unlicensed听

There are several defences available to a landlord if they are unlicensed.听Your RRO application will be rejected if the landlord can prove to the听FTT听that at least one of these defences applies.听听

The听landlord has applied for a licence听

The听landlord will have a complete听defence听from the date they applied for a听licence. You can only听receive money听through an RRO听for the time before your landlord applied for a听licence.听听

Your听landlord has a Temporary Exemption Notice听

Check whether your landlord has a Temporary Exemption Notice (TEN). A TEN听means听the听landlord does not need a听licence.听You will not get an听RRO if听the landlord had a TEN the whole time the home was unlicensed.听

Reasonable excuse听

Your听landlord听may argue听that听they have a 鈥榬easonable excuse鈥� defence.听To argue this successfully, the听FTT听needs to be听satisfied听that the landlord has a valid reason for not meeting the legal requirement.听

Additional听defences for superior landlords听

If you are pursuing听an RRO against a superior landlord for the offences of failure to license an HMO or house, they will have听additional听defences听potentially听available to them. These are:听

• the landlord did not know and had a reasonable excuse for not knowing听

• if your landlord can argue that they did not know, and could not have听reasonably been听expected to know,听the property听was an HMO听or house听that听required听a licence, they听may听have a defence and not be liable for an RRO.听听

The landlord took all reasonably听practicable听steps听

Your landlord may say they took all reasonably听practicable听steps to get the property licensed, meaning they tried to do everything that could sensibly be expected of them.听If听the landlord听can show this,听they听may have a defence and not be liable for an RRO.听

What to do if听more than one licensing scheme could apply听

Depending on the evidence, it is possible that, where more than one licensing regime is in place in a听council鈥檚听area, the听FTT听could find that a different regime applies to the one that you think applies. You could consider addressing this risk as set out below.听

If you live:鈥�听

• in an HMO of five or more people from two or more households and鈥�听

• in an area covered by an听additional听licensing scheme and/or a selective licensing scheme and your landlord does not have the required licences鈥�鈥�听

you could consider听stating听on your RRO1 form that you are applying because your landlord has not听complied with听mandatory HMO licensing听or, in the alternative,听additional听HMO licensing (if applicable)听or, in the alternative,听selective licensing (if applicable).听

If you live:鈥�听

• in an HMO of three or four people from two or more households and鈥�听

• in an area covered by an听additional听HMO licensing scheme and a selective licensing scheme and your landlord does not have a licence for either鈥�听

you could consider听stating听on your RRO1 form that you are applying because your landlord has not听complied with听additional听HMO licensing or, in the alternative, selective licensing.听

Failure to听comply with听an improvement notice听

An improvement notice is a听notice听issued by the council to a landlord.听You should be sent a copy of any improvement notice served on your landlord for your home.听It is given when the property听has been found to have hazards which could affect the health or safety of the people living there.听An improvement听notice tells the landlord:听

• the issue with the property听

• the actions that need to be taken to听fix the issue and make the property safe听

• the deadline for starting and completing the repairs听

If a landlord听does not fix or begin to address听the听issue with the property after being served an improvement notice within the allowed time, they听may be听committing an offence.听听

Finding听out听if your landlord听has failed to听comply with听an improvement notice听

If you think your landlord has failed to听comply with听an improvement notice, you should ask your council the following questions by email:听

• Have you听served an improvement notice on听my landlord?听

If听yes:听

• When did you serve听the improvement notice?听

• Did my landlord听fix, or begin to fix, the problem that gave rise to the improvement notice within the allowed time?听

If no:听

• Has the landlord now fixed or begun to fix the problem?听

If yes:听

• On what date did my landlord fix or begin to fix the problem?听

If your landlord did not begin to fix a problem that gave rise to an improvement听notice, they have听likely committed听an offence.听听

If your council confirms听both听the following points:听

• your landlord was served an improvement notice for your home, and听

• failed to听fix, or begin to fix, the problem that gave rise to the improvement notice听in the allowed time specified on the notice,听

follow听the advice below on how to prove an听offence听took place.听

Proving听your landlord听has failed to听comply with听an improvement notice听

To prove the offence, you should include in听your听applicant听bundle:听

• a听copy of the improvement notice given to your landlord听

• the email response from your local council, confirming that any听part of the improvement notice has not been听complied with听

• any photos or videos听that show the necessary improvements have not been made, with evidence of the dates听the photos were taken听

Failure to听comply with听a prohibition order听

The council gives听a听landlord a prohibition order if all or part of听the听home is not safe to live in because of a serious hazard.听A prohibition order may:听

• ban anyone from living in the property or a certain part of it听

• restrict the number of people who can live there听

• set conditions for occupation听鈥� for example, saying only certain rooms can be used听

You should听receive听a copy of听any prohibition order served on your landlord for your home. If your landlord allows you or others to live in the property听in breach of the prohibition order, they听are听likely听committing听an offence.听

Finding听out if your landlord has failed to听comply with听a prohibition order听

If you think your landlord has breached a prohibition order, email your council the following questions:听

• Is my home currently subject to a prohibition order?听

If yes:听

• What date was the prohibition order听active from?听

• What听were听the听specifications听of the prohibition order?听

• Has the prohibition order听ever听been suspended?听If yes, what were the grounds of the suspension?听听

If my home听is not currently subject to a prohibition order:听

• Has my home ever been subject to a prohibition order?听

If yes:听

• What were the start and end dates of the prohibition order being active?听

• What听were听the specifications of the prohibition order?听

If your council confirms your home is subject to a prohibition听order, or听has been at any point whilst you have lived there,听your landlord may have committed an offence. Follow the advice below on how to prove an offence has taken place.听听

Proving听your landlord has failed to听comply with听a prohibition order听

To prove your landlord has committed the offence of听failing to comply听with a prohibition order, you should include in your applicant bundle:听

• a copy of the prohibition order that was served on your landlord听

• a copy of the email from your council confirming the听points above听

You also need to show how the landlord breached the prohibition order. For example, by giving evidence that the landlord allowed use or occupation of the property or parts of it when the order prohibited it.听To do this, include听witness statements听from you and,听if relevant, other residents,听in your听applicant听bundle. Depending on the conditions of the prohibition order and your situation, the听witness statements may听state:听

• you have occupied the property whilst the prohibition order was active听

• you have occupied the parts of the property which are subject to the prohibition order听

• how long you听and other tenants (if applicable)听have lived in the property whilst the prohibition order has been active听听

• that the landlord enabled occupation of the property or parts of the property that are subject to a prohibition order听

Illegal eviction and harassment听

Illegal eviction听

Illegal eviction听is听when听a听landlord forces听a tenant听out, or tries to force听a tenant听out,听of听their听home, or part of听their听home,听without following the听correct听legal process.听You may have experienced illegal eviction if your landlord has:听

• changed听the locks while you are still living at the property听

• physically removed, or听attempted听to remove,听you听from your home听

• removed听your听belongings from the property听

• told听you to leave听with no court order and without听having given you听the correct notice听

• denied听you access to听part of the building you are supposed to have access to (e.g.听the bathroom or living room)听

Proving听illegal eviction听

To prove illegal eviction,听include in your applicant听bundle听your own witness statement. The statement may include:听

• information听to听identify听all the people involved (names and physical descriptions if known)听

• a听description of your home, how you were听usually able听to access it and the different areas within it, and whether you shared any of these areas with others听

• details about how you paid rent, how often, how much and who to听

• whether your landlord lived with you, and if so, the dates your landlord was living with you and the details of whether you shared kitchen and bathroom facilities with your landlord听

• an explanation of how you听attempted听to access your home (or part of it) after the eviction took place and why you were unable to gain access听

• the time and day the eviction took place (a lawful eviction with court bailiffs will typically take place during working hours on a weekday)听

• any detail about what happened to any of your belongings after the eviction听

• an explanation of what efforts (if any) were made to regain entry to your home and how the landlord responded to being informed about the eviction (if available)听

You should also include witness statements from others听who may have听witnessed听the eviction or supported you before or after the eviction took place.听

In addition to witness statements, you may include in your applicant bundle:听

• screenshots of WhatsApp messages or email chains or any other communication records听telling you to leave听(this does not include a valid听legal听notice)听

• any other existing record听of the eviction 鈥� for example, messages you sent to others detailing your experience of the eviction听

Harassment听

Harassment includes deliberate actions by your landlord to make living at home difficult for you and make you likely to leave.听Examples include:听

• cutting off utilities听(e.g.听water, gas, electricity)听听

• threatening or intimidating听behaviour听

• entering your home without permission or repeatedly disturbing you

Proving听harassment听

To prove harassment, include in your applicant听bundle听your own witness statement. The statement may include:听

• information听to听identify听all the people involved (names and physical descriptions if known)听

• specific details about the conduct of your landlord or anyone acting on their behalf (including dates, times, locations, who was present)听

• if you have moved out, the reasons you have moved out听

In addition to a witness statement, you may also include in your applicant bundle:听

• any existing record of your experience, for example, messages you sent to others听detailing your landlord鈥檚 conduct or diary/journal entry at the time the harassment was听ongoing听

• evidence of your utilities (electric, gas, water) being turned off听

• evidence of your landlord鈥檚 response to your utilities being turned off听

• evidence of听an unreasonably high number of phone calls from your landlord听

• screenshots of WhatsApp messages from your landlord, or someone acting on their behalf, that are intimidating or threatening听

• records of听unauthorised听entries from your landlord or someone acting on their behalf听

Violence to secure entry听

It听is a criminal offence听for a landlord 鈥� or anyone acting on their behalf 鈥� to use or threaten violence听to enter a property.听This offence听is covered under听.听听

How to know if your landlord听has听committed this offence听

Your landlord may听have committed this offence if they听have:听

• forced entry without a court order听

• threatened physical harm to gain access听

• used intimidation or aggressive听behaviour听to enter the premises听

Proving听this offence听

To prove your landlord has committed the offence of violence to secure entry, you should include听in your applicant bundle:听

• a written account of the incident, including dates, times and what happened听

• photos,听videos听or audio recordings of听the incident听

• witness statements from other residents or anyone else who听saw or heard the event听

• a police report about the incident听

Breach of a banning order听

A banning order makes it illegal for a person to let a property or do any related work.听Banning听orders are given to听landlords who have committed serious offences.听

How to know if your landlord has a听banning听order听

You can find听a list听of听all the听offences听that a landlord can be given a听banning听order for.听听The听offences听include听but are not limited to:听

• failure to听license听

• failure to听comply with听an improvement notice听听

• illegal eviction and harassment听

The court will have considered听several factors when deciding whether to make a banning order against your landlord.听This includes the seriousness of the offence and听previous听behaviour. Therefore, your landlord may听not have a banning order even if they have committed听one of the above listed offences.听

If you think your landlord might have an active banning order, email your council asking the following听questions, including details of your address and landlord:听

• does my landlord听have听an active banning order?听

If yes:听

• on what date did my landlord鈥檚 banning order become active?听

If my landlord does not have an active banning order:听

• has my landlord ever had a banning order?听

If yes:听

• on what dates was my landlord鈥檚 banning order active?听

If your听council confirms that your landlord has an active banning听order, or听has had听one for any time you have lived at the property, they听will听likely have听committed听an offence.听Follow the below advice on how to prove the offence.听听

Proving听your landlord has听breached a听banning听order听

To听try to听prove your landlord has committed the offence of breaching a听banning听order, you first need to听provide evidence that they have an active听banning听order.听If the听council confirm听the landlord has an active听banning听order,听you should use this听as evidence.听听

You will also need to prove that your landlord听carried out听property letting or management activities whilst the听banning听order was or is active.听Evidence to support听this听may include:听

• a tenancy agreement听that was signed while the听banning听order was active听

• rent payments made to the landlord or their agent听while the banning order was active听

• emails or WhatsApp messages showing the landlord managing the property 鈥� for example,听maintenance requests听or rent reminders听while the banning order was active听

• witness statements听from other tenants or听neighbours听

Knowing or reckless misuse of a possession ground听

A landlord commits an offence if they knowingly or recklessly misuse a possession ground.听A possession ground is a legal reason which a landlord can use to evict you from the property.听A landlord will do this by serving you a notice which tells you the possession ground that they are trying to use.听Refer to the听grounds for听possession听guidance听for a听full听list and description of all the grounds.听听

This offence, and听others created by Part 1 of the Renters鈥� Rights Act,听only听apply听to assured tenancies. These tenancies can only be听ended听by the landlord using a ground of possession听that is listed听in听.听

Finding out听if听your landlord has committed this offence听

A landlord has committed this offence if:听

• they rely on one of these听possession听grounds knowing that they would听not be able to get a court order to get the property back听using that ground听or听

• they are听reckless in thinking that they would be able to do so听听

• you move out of the property within 4 months of the notice being served without a court order for the landlord to take possession听

Proving听this offence听

The first part of the offence you need to prove is that the landlord used a ground to try to remove you from the property. To evidence this, you should include in听your applicant听bundle a听copy of the notice or letter your landlord gave you which mentions the possession ground that they used to regain possession of the property.听

You will also need to prove that your landlord knowingly or recklessly misused the ground. The evidence you include in听your applicant听bundle to prove this part of the offence will vary depending on the ground that your landlord used. It is therefore important you examine the ground that the landlord has used and assess what evidence best supports your claim that they should not have relied on this ground. Some examples are below.听

Example听1:听rent听arrears听

Your landlord may try to get you to leave the property because you have not paid all the rent you owe. This may be ground 8, ground 10 or ground 11.听听

To prove that they have misused ground 10 or 11, you need to give evidence that you have paid your rent听in a timely manner. For ground 8, you will need to prove that you owed less than 3 months鈥� rent when the notice was served and at the time of any possession hearing.听

Evidence might therefore include:听听

• bank statements showing you making rental payments听

• communication between you and the landlord or agent showing that they knew these payments have been made听

Example 2:听damage to property听

Your landlord may try to get you to leave the property by claiming you have caused the property to get into a bad state. This may be done using possession grounds听12, 13, or 15. To prove that they have misused one of these grounds, you need to provide evidence that the property was not in a bad state or that you had done what you could to keep it in a good state when your landlord gave you notice.听

Evidence might therefore include:听

• pictures showing that the property is or was in a good or acceptable condition听

• pictures from when you moved in and pictures from when you moved out, showing that the condition of the property has not got worse听since you听moved in听beyond normal wear and听tear听

• emails or WhatsApp messages showing that you reported problems with the condition of the property to the landlord or agent听

• witness statements from other people who lived there, saying that repairs were not made by the landlord or agent after problems were reported听

Example 3:听anti-social听behaviour听

Your landlord may try to get you to leave the property by claiming you, or a person living with you or visiting you, have engaged in anti-social听behaviour. This is likely to be听possession听ground 7A or听ground 14.听听

Anti-social听behaviour听in this context is听behaviour听that is likely to cause distress, harassment, nuisance or annoyance to听neighbours听or the landlord.听听

If you believe you have not behaved in this way, you will need to prove it to show that your landlord has misused the ground of possession and committed an offence. The following may be helpful to use as evidence:听

• witness statements from听neighbours听and other people who lived at the property, saying you听did not engage in anti-social听behaviour, like excessive noise, fly-tipping听or violence听

• statement from your local council, saying they did not receive reports about you engaging in anti-social听behaviour听

• WhatsApp or email exchanges with the landlord or agent showing that you behaved in a reasonable way听

This sort of evidence may help听demonstrate听both that you did not engage in anti-social听behaviour听and also听that your landlord had no reason to believe you engaged in this sort of听behaviour.听听

Letting or marketing in a restricted period听

If your landlord听gets you to leave by听using听the 鈥榤oving听in鈥櫶齩r听鈥榮elling鈥� ground and听then markets or lets the property within one year听of serving the notice听on you,听they have committed an offence.听听

This offence, and others created by Part 1 of the Renters鈥� Rights Act,听only听apply听to assured tenancies. These tenancies can only be听ended听by the landlord using a ground of possession听that is listed听in听.听

Finding听out if听your landlord has committed this offence听

For your landlord to have committed this offence, they will first need听to听have served you with an eviction notice which relies on听possession听grounds听1 or听1A, or听commenced proceedings against you relying on one of those grounds.听These听are听known as the 鈥榤oving听in鈥櫶齛nd听鈥榮elling鈥� grounds. This means the landlord can get possession of the property back because:听

• they听are听moving into the property themselves听

• a听member of their听close听family is moving into the property听

• they are selling the property听

If you move out because of this and the landlord then relets or remarkets the property to be let within one year of听serving the notice听on you,听or, if no notice was served, within one year of filing the possession claim against you,听they are committing an offence.听听

To find out if your landlord is doing this,听you can search for your property on sites like Rightmove and Zoopla.听You should do this soon after听being听served听the notice, so听you see adverts for your property before they are taken down.听You should continue to check听these sites for a year after being听served听the notice.听听

You can also set up alerts on property sites, so you are notified if your property has been听remarketed to be let.听

Proving听this offence听

To prove this offence, you should include in听your applicant听bundle:听

• the听possession notice that your landlord served听on听you, or, if no notice was served, evidence of the possession claim made against you听

• evidence the property听has been let or marketed within one year of the notice being served, or the possession claim being filed at court听

Evidence might include:听

• a听screenshot of the property鈥檚 listing on a property site such as Rightmove or Zoopla听and include the date听of the listing听

• witness statements from听the new people who live there confirming听they are renting the property and are not related to the landlord听

Continuing breach of tenancy requirements听

If your landlord听breaches听certain听duties and continues to do听so听for more than听28 days听after听being given a financial penalty by the council,听or, if the landlord appeals,听after losing,听withdrawing听or abandoning the appeal,听they are committing an offence.听The breaches are:听

• failing to issue听a written statement of terms听

• attempting听to听let听a house on a fixed term听

• attempting听to听bring听a tenancy to an end by serving a notice to quit听

• attempting听to听bring听a tenancy to an end听orally (face听to听face or over the phone)听

• serving听what appears to be a听notice of possession听

• misusing a ground of possession where the person does not听reasonably believe听the landlord will be able to gain possession听

• using听certain听grounds听of possession听without giving the correct written statement听

This offence, and others created by Part 1 of the Renters鈥� Rights Act, only听apply听to assured tenancies. These tenancies can only be ended by the landlord using a ground of possession that is listed in听.听

Finding听out if your landlord is committing this offence听

To find out if your landlord has听any of the above listed breaches听and been subjected to enforcement action for it,听ask听your council by email.听The council听should听consider听confirming听whether听they have given the landlord a financial penalty for the听breach听or in lieu of prosecution for an offence.听听

If听your landlord continues听the conduct amounting to the听initial听breach for听28 days after being given a financial penalty by the council, or after the outcome of any appeal, they听will听have committed an offence. This applies when the landlord:听

• was given a financial penalty by the council and continued the听conduct听for more than 28 days afterwards听

• appealed the penalty and continued the breach for more than 28 days after losing, withdrawing, or abandoning the appeal听

Proving听this offence听

You will first need to prove听the council has听given your landlord a financial penalty for the breach听or in lieu of prosecution for an offence.听Email your council asking听the following questions:听

• have you imposed听a financial penalty on my landlord for breaching any of the tenancy requirements under听sections听16E or in lieu of prosecution for an offence under 16J of the Housing Act 1988?听

If yes:听

• what requirement(s) did the landlord breach?听

• did the landlord听appeal听the penalty?听

If yes:听

• did听the appeal听result听in the听penalty being withdrawn?听

If no:听

• What date was the appeal lost,听withdrawn听or abandoned?听

If the council confirms听all of听the following:听

• they imposed a financial penalty听

• the penalty was for a breach of the tenancy requirements under sections 16D听and 16E听or in lieu of prosecution for an offence under 16J听of the听Housing Act 1988听

• there was no appeal or there was an appeal that听did not result in the penalty being withdrawn听

You should include a copy of the council鈥檚 email response in your听applicant听bundle听to听try to听prove the first part of this offence.听

The second point听you need to prove听is that your landlord continued to听breach the requirement听for more than 28 days after receiving the financial penalty or, if an appeal was lodged, after the appeal was lost, withdrawn, or abandoned.听

For example, if the council issued a financial penalty because the landlord failed to provide a written statement of terms, you will need to show that the landlord still did not provide听a听written听statement听of terms听within 28 days of the penalty being imposed or the appeal being听lost, withdrawn or abandoned.听

You can听demonstrate听this by confirming the facts in a witness statement, which should be included in your applicant bundle.