RRO for a banning order breach: tenant claim guide 2026
A banning order stops a landlord letting property. If they let to you anyway, that breach is a qualifying offence for a rent repayment order, and from 1 May 2026 the ceiling rose to 24 months' rent. You can claim even if you were not the tenant when the order was breached, and continuing to let after a council penalty is itself an offence. Here is the tenant claim walkthrough, with a First-tier Tribunal application template.
Most rent repayment orders tenants hear about involve an unlicensed house in multiple occupation or an unprotected deposit. There is another trigger that is less well known but more serious, and it can be worth a great deal: where a landlord has been hit with a banning order and lets to you anyway. A banning order is the housing system's red card, and a landlord who keeps playing after receiving one has committed both a crime and a qualifying offence that lets you, the tenant, reclaim rent.
This walkthrough is for a tenant who suspects, or has discovered, that their landlord was subject to a banning order and let the property regardless, and wants to claim a rent repayment order. It covers what a banning order is, why breaching it qualifies for a rent repayment order, how much you can recover, the widened rules on who can claim, the 28-day continuing-offence trap, the time limit, and how to apply, with a tribunal application template. It is distinct from our earlier walkthroughs on the expanded rent repayment order grounds generally (2026-05-06), the unlicensed HMO route (2026-05-11), and the unprotected-deposit route (2026-05-14); this piece is specifically about the banning order breach.
What a banning order is
A banning order is made by the First-tier Tribunal, on an application by a council, against a landlord or agent who has committed serious or repeated housing offences. It bans that person, for a minimum of 12 months, from letting housing, from doing letting agency or property management work, or from some combination of those. While the order is in force, the banned person must not do the prohibited things.
Banned landlords and agents are recorded on a database of rogue operators that councils can access. Crucially for a tenant, breaching a banning order is a criminal offence in its own right, and it is also one of the qualifying offences that opens the door to a rent repayment order. So a landlord who lets to you in breach of a ban is exposed on two fronts at once.
Why the breach qualifies for a rent repayment order
The rent repayment order regime lets a tenant reclaim rent where the landlord has committed certain offences. Breach of a banning order is on that list. If your landlord was subject to a banning order and let the property to you, or carried on letting it, in breach of that order, you can apply to the First-tier Tribunal to recover rent.
You do not need the landlord to have been convicted first. A conviction or a council penalty makes the case more straightforward, because it largely settles that the offence happened, but the tribunal can be satisfied of the offence on the evidence in front of it. What you do need is to show that there was a banning order in force and that the landlord did the prohibited thing, letting to you, while it applied.
How much you can recover
For qualifying offences committed on or after 1 May 2026, the maximum rose to up to 24 months of the rent you paid, double the old 12-month ceiling. That makes a banning order claim potentially very valuable.
The tribunal does not simply award the maximum. It weighs the seriousness of the offence, the landlord's conduct, including any previous convictions, and your own conduct, and decides what is reasonable. Because breaching a banning order is a serious offence, the starting point tends to sit towards the higher end of the range. The award is based on the rent you actually paid during the relevant period, so keep a clean record of every payment, the amounts, and the dates. Gaps and guesswork weaken the figure the tribunal can award.
Who can claim: the widened rules
There used to be a strict requirement that the property be let to you at the very moment of the offence. The Renters' Rights Act broadened this for certain offences, including breaching the rules on letting or marketing a property and misusing a possession ground, so that the property does not have to have been let to you at the precise moment of the offence.
The exact reach depends on the specific offence and the facts, so this is an area where advice helps if your timeline is awkward. But the headline is that you should not assume you are shut out simply because the dates do not line up perfectly. The pool of tenants who can claim is wider than it was.
The 28-day continuing-offence trap
There is a feature of the regime that often strengthens a tenant's hand. If a landlord continues the conduct that amounted to the breach for 28 days after being given a financial penalty by the council, or after the outcome of any appeal, that continuation is itself a fresh offence.
In plain terms: a landlord who is penalised for letting in breach of a ban, and who then just carries on letting, is committing a new offence every time the 28-day line is crossed. For a tenant, that is more conduct to point to and a stronger case. If you know the council has already penalised your landlord and they have not stopped, make a note of the dates, because that continuation matters.
The time limit
You generally have two years from the date of the offence to apply for a rent repayment order. Where the offence is a continuing one that has since ended, the last date it was committed must fall within the two years before you apply.
Banning order breaches often run over a period rather than happening on a single day, so identify the relevant dates with care. The clock runs from the offence, not from when you discovered it, so once you know your landlord was banned and let to you anyway, do not sit on it. Pull your evidence together and apply inside the window.
How to apply: First-tier Tribunal
You apply to the First-tier Tribunal (Property Chamber) using its rent repayment order application form. You set out the landlord, the property, the rent and the dates, and the offence you rely on, here breach of a banning order. You attach your evidence.
- The tenancy agreement and any addendums.
- A clear schedule of rent paid, with amounts and dates, and proof of payment.
- Anything showing the landlord was subject to a banning order: a rogue landlord database entry, a council letter, a conviction, or the banning order itself if you can obtain it.
There is a fee, with help available if you are on a low income. The tribunal will give directions, often hold a hearing, and then decide whether the offence is made out and how much to award.
Template: rent repayment order application grounds
Adapt this to your facts and use it as the core of your application narrative.
The applicant is the tenant of [property address] under a tenancy that began on [date]. The respondent, [landlord name], is the landlord.
The applicant applies for a rent repayment order under the Housing and Planning Act 2016, as amended by the Renters' Rights Act, on the ground that the respondent committed the offence of letting housing in breach of a banning order.
A banning order was made against the respondent on [date, if known], prohibiting the respondent from letting housing. While that order was in force, the respondent let the property to the applicant and received rent of GBP [amount] per [week/month]. The applicant paid rent totalling GBP [total] over the period [start] to [end], as set out in the rent schedule at exhibit [X].
[If applicable: The respondent was given a financial penalty by [council] on [date] and continued to let the property for more than 28 days afterwards, which is a further offence.]
The applicant asks the tribunal to make a rent repayment order in respect of up to 24 months' rent, having regard to the seriousness of the offence and the respondent's conduct.
The applicant relies on the documents at exhibits [list]: the tenancy agreement, the rent schedule and proof of payment, and [database entry / council correspondence / conviction] evidencing the banning order.
Where this leaves you
A banning order breach is one of the strongest rent repayment order triggers a tenant can have. The order brands the landlord as someone who should not be letting at all, the ceiling is up to 24 months' rent from 1 May 2026, the rules on who can claim are wider than they were, and a landlord who carries on after a council penalty only deepens the case. Identify the dates, keep your rent records clean, gather proof the landlord was banned, and apply to the First-tier Tribunal within the two-year window.
If your landlord has served a rent increase or a possession notice and you are not even sure whether they should have been letting, let alone whether the notice was valid, RentSOS can help you check. The validity of the underlying paperwork is often the quickest answer, so it is always worth checking the foundations first.
Frequently Asked Questions
+What is a banning order?
A banning order is an order made by the First-tier Tribunal, on a council's application, that bans a person from letting housing, from engaging in letting agency or property management work, or from doing some combination of those, for at least 12 months. It is made against landlords or agents who have committed serious or repeated housing offences. While the order is in force the banned person must not do the things it prohibits. Banned landlords are recorded on a database of rogue landlords and agents that councils can access, and breaching the order is a criminal offence as well as a trigger for a rent repayment order.
+Can I claim a rent repayment order if my landlord let to me in breach of a banning order?
Yes. Breach of a banning order is one of the qualifying offences for a rent repayment order. If your landlord was subject to a banning order and let the property to you, or continued to let it, in breach of that order, you can apply to the First-tier Tribunal for a rent repayment order. For qualifying offences committed on or after 1 May 2026 the maximum has risen to up to 24 months' rent. You do not need the landlord to have been convicted first, although a conviction or a council penalty makes the case easier; the tribunal can be satisfied of the offence on the evidence before it.
+How much rent can I get back?
For qualifying offences on or after 1 May 2026 the maximum is up to 24 months of the rent you paid, double the previous 12-month ceiling. The tribunal does not automatically award the maximum. It looks at the seriousness of the offence, the landlord's conduct, including any previous convictions, and your own conduct, and decides what is reasonable. Breach of a banning order is a serious offence, so the starting point is usually towards the higher end. The award is based on the rent you actually paid in the relevant period, so keep clear records of every payment and the dates.
+Do I have to have been the tenant at the exact time of the breach?
Not necessarily. The Act broadened the rent repayment order rules so that for certain offences, including misusing a possession ground or breaching the rules on letting or marketing a property, the property does not need to have been let to you at the precise moment of the offence. That widens who can claim. The detail depends on the specific offence and the facts, so if you are unsure whether your situation qualifies it is worth getting advice, but do not assume you are excluded simply because the timeline is not perfectly neat.
+What if the council has already fined my landlord?
A council civil penalty and your rent repayment order are separate. The council's penalty is paid to the council; the rent repayment order is paid to you. A council penalty or a conviction is helpful evidence for your tribunal claim, but it is not a precondition. There is also a specific trap for landlords: if a landlord continues the conduct that amounted to the breach for 28 days after a council financial penalty, or after the outcome of any appeal, that continuation is itself a fresh offence. So a landlord who carries on letting after being penalised is digging a deeper hole, and that can strengthen a tenant's claim.
+How long do I have to claim?
You generally have two years from the date of the offence to apply for a rent repayment order. For a continuing offence that has ended, the last date the offence was committed must fall within the two years before your application. Banning order breaches can run over a period, so identify the dates carefully. Because the clock runs from the offence, not from when you found out, do not delay once you know your landlord was banned and let to you anyway. Gather your evidence and apply within the window.
+How do I apply to the First-tier Tribunal?
You apply to the First-tier Tribunal (Property Chamber) using its rent repayment order application form. You set out who the landlord is, the property, the rent you paid and the dates, and the offence you say was committed, here breach of a banning order. You attach your evidence: the tenancy agreement, your rent records, and anything showing the landlord was subject to a banning order, such as a database entry, a council letter, or a conviction. There is a fee, with help available if you are on a low income. The tribunal will give directions and usually hold a hearing before deciding the amount.
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