01 Sep 26
Contributed article from Des Taylor
Can a tenant apply for a Rent Repayment Order while owing thousands of pounds in rent?
Yes, they can.
Whether they receive any money is a different question.
This issue was considered in Awad v Hooley (2020), a case I was involved in.
The landlord had committed a licensing offence, making a Rent Repayment Order application possible.
However, the tenant also owed around £15,000 in rent arrears.
The tribunal accepted that those arrears should be taken into account when calculating the final award.
The result?
The tenant received nothing.
Every Rent Repayment Order case turns on its own facts, but this demonstrates why landlords should never assume that an application automatically means they will have to repay rent.
A robust defence can make a significant difference to the outcome.
