At the recent Newcastle Landlords Conference, Managing Partner Surbhi Vedhara and Solicitor Charlie Lynn spoke to delegates about common issues faced by Sweeney Miller’s landlord clients including Rent Repayment Orders (RROs).
An RRO requires repayment of rent or housing benefit paid in respect of a tenancy or licence by a landlord/agent who has committed a particular offence specified within the Housing and Planning Act 2016. The Court must be satisfied beyond reasonable doubt (the criminal standard of proof) that the relevant offence has been committed. It is not necessary that the landlord has been convicted of the offence.
The landlord will be provided the opportunity to provide a defence to the Court and will then have an opportunity to provide circumstances which may mitigate the penalty which include:
- The seriousness of the offence
- The conduct of the Landlord
- Whether the landlord has committed this offence previously
- The conduct of the occupier
- The financial circumstances of the Landlord
Other factors for landlords to consider include:
- s44(4) Housing and Planning Act 2016
- A full award (12 months repayment) should only be made in the most serious of cases (Acheampong v Roman [2022] UKUT 239 (LC))
Landlord & Tenant and Buy-to-Let Experts
At Sweeney Miller we have dedicated Landlord and Tenant and Buy-to-Let teams dealing with all aspects of rental property for clients across the North East and nationally, working with established landlords with an extensive portfolio, through to first time property investors.
Alongside other prominent regional businesses, Sweeney Miller Law offers regular events, support and updates to landlords in the local area from industry experts as part of the North East Landlords forum.
For any questions or advice about Rent Repayment Orders, or any other rental property queries, get in touch with Sweeney Miller Law on 0345 900 5401 or email enquiries@sweeneymiller.co.uk.
