Renters’ Rights Reforms

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Recent changes to rental law — often referred to as the Renters’ Rights reforms — are intended to strengthen protections for tenants and improve standards in the private rented sector. Much of the focus has been on evictions and security of tenure, but an important point is often missed:

Tenants already have the right to recover rent where landlords break the law.

These rights did not begin with the new reforms and continue to apply today.

Under the Housing and Planning Act 2016, tenants can apply for a Rent Repayment Order (RRO) where a landlord commits certain housing offences. An RRO can require a landlord to repay up to 12 months’ rent, even if the tenant has since moved out.

The most common example is renting out a property without the required licence, such as:

The renewed emphasis on enforcement means: unlicensed House in Multiple Occupation (HMO), or

a property subject to selective or additional licensing.Tenants already have the right to recover rent where landlords break the law.

In other words, tenants are increasingly being encouraged — implicitly and explicitly — to enforce their existing rights.

Determining whether a property should have been licensed, and whether rent may be recoverable, is not always straightforward. Rules vary by borough, and landlords rarely advertise non-compliance.

London Tenant Services helps tenants:

The Renters’ Rights reforms reinforce an important message: tenants do not have to accept unlawful renting.

If you are — or were — renting privately in London and have any doubt about whether your landlord complied with the law, it is worth checking. Many tenants are surprised by what they may be entitled to recover.

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