Guidance

Rent Repayment Orders offences: guidance for tenants

This guidance for tenants lists the offences a landlord can commit and how you can prove the offence was committed when applying for a Rent Repayment Order.

• From: Ministry of Housing, Communities and Local Government
• Published: 7 April 2026

Applies to England

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 RRO offences are 

• find out whether their landlord has committed an offence 

• prove that their landlord has committed an offence 

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

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

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

First-tier Tribunal 

The Property Chamber of the First-tier Tribunal (FTT) 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 more easily accessible to the public. FTT cases are usually heard by a judge and one or two laypersons. 

Applicant bundle 

All evidence you have of the offence you believe your landlord has committed should be included in your applicant bundle. An applicant bundle is a collection of documents compiled into one single document that you will need to send to the FTT after submitting your RRO application, as and when directed by the FTT. Your applicant 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 your applicant bundle.  

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

Respondent 

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

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

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

• a licensor 

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

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

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

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

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

• tenancy agreement which lists the respondent’s name as the landlord 

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

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

The offences 

You can apply for an RRO if you think you can prove your landlord has committed one of the offences in this list.   

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 comply with an Improvement Notice	section 30(1) of the Housing Act 2004
4. Failure to comply with 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 “moving in” or “selling” 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 

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

Types of licensing schemes 

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 common areas like kitchens or bathrooms. 

Mandatory HMO licensing 

Mandatory HMO licensing applies to all properties in England occupied by five or more people from two or more households. Other, less common types of HMOs – including converted buildings and converted houses – also fall under Mandatory HMO licensing requirements.

Additional HMO licensing 

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

Selective licensing 

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

Finding out if your landlord has committed a licensing offence 

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

1. Type the name of your council followed by ‘landlord licensing scheme’ into Google or another search engine. This should bring up links to your council’s website with details of any licensing scheme they have in place. 

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

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

• your address 

• the dates you lived at the property 

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

Ask the council: 

• whether your home is licensable 

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

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

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

If your council confirms all of the following: 

• your home is licensable 

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

• your landlord has not been granted a TEN 

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

Proving an HMO licensing offence 

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

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

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

Then, you need to prove all of the following: 

• your home meets one of the HMO tests 

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

• your home is unlicensed 

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

Your council has additional HMO licensing 

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

A copy of the additional licensing scheme 

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

Proof your home is or was covered by the scheme 

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

Your home is an HMO 

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

Standard HMO test 

A house is an HMO if all these conditions apply: 

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

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

• they pay rent 

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

Self-contained flat test 

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

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

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

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

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

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

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

• tenancy agreements 

• deposit protection certificates 

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

Converted building HMO test 

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

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

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

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

• the people who live there pay rent 

Converted houses – ‘section 257’ HMOs 

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

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

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

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

• more than one third of the flats are rented 

• the people who live there pay rent. 

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

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

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

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

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

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

• tenancy agreements 

• deposit protection certificates 

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

The landlord does not have a licence 

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

Proving a selective licensing offence 

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

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

• your home is privately rented 

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

Your council has selective licensing 

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

A copy of the selective licensing scheme 

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

Proof your home is or was covered by the scheme 

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

Your home is privately rented 

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

• you rented your home privately from the landlord 

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

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

Further evidence you should put in your applicant bundle includes: 

• tenancy agreements 

• deposit protection certificates 

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

Your landlord does not have a selective licence 

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

Landlord defences for being unlicensed 

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

The landlord has applied for a licence 

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

Your landlord has a Temporary Exemption Notice 

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

Reasonable excuse 

Your landlord may argue that they have a ‘reasonable excuse’ defence. To argue this successfully, the FTT needs to be satisfied that the landlord has a valid reason for not meeting the legal requirement. 

Additional defences for superior landlords 

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

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

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

The landlord took all reasonably practicable steps 

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

What to do if more than one licensing scheme could apply 

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

If you live:  

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

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

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

If you live:  

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

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

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

Failure to comply with an improvement notice 

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

• the issue with the property 

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

• the deadline for starting and completing the repairs 

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

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

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

• Have you served an improvement notice on my landlord? 

If yes: 

• When did you serve the improvement notice? 

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

If no: 

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

If yes: 

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

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

If your council confirms both the following points: 

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

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

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

Proving your landlord has failed to comply with an improvement notice 

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

• a copy of the improvement notice given to your landlord 

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

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

Failure to comply with a prohibition order 

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

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

• restrict the number of people who can live there 

• set conditions for occupation – for example, saying only certain rooms can be used 

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

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

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

• Is my home currently subject to a prohibition order? 

If yes: 

• What date was the prohibition order active from? 

• What were the specifications of the prohibition order? 

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

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

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

If yes: 

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

• What were the specifications of the prohibition order? 

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

Proving your landlord has failed to comply with a prohibition order 

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

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

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

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. To do this, include witness statements from you and, if relevant, other residents, in your applicant bundle. Depending on the conditions of the prohibition order and your situation, the witness statements may state: 

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

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

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

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

Illegal eviction and harassment 

Illegal eviction 

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

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

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

• removed your belongings from the property 

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

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

Proving illegal eviction 

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

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

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

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

• 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 

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

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

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

• 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) 

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

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

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

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

Harassment 

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

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

• threatening or intimidating behaviour 

• entering your home without permission or repeatedly disturbing you

Proving harassment 

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

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

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

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

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

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

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

• evidence of your landlord’s response to your utilities being turned off 

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

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

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

Violence to secure entry 

It is a criminal offence for a landlord – or anyone acting on their behalf – to use or threaten violence to enter a property. This offence is covered under section 6 of the Criminal Law Act 1977.  

How to know if your landlord has committed this offence 

Your landlord may have committed this offence if they have: 

• forced entry without a court order 

• threatened physical harm to gain access 

• used intimidation or aggressive behaviour to enter the premises 

Proving this offence 

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

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

• photos, videos or audio recordings of the incident 

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

• a police report about the incident 

Breach of a banning order 

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

How to know if your landlord has a banning order 

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

• failure to license 

• failure to comply with an improvement notice  

• illegal eviction and harassment 

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

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

• does my landlord have an active banning order? 

If yes: 

• on what date did my landlord’s banning order become active? 

If my landlord does not have an active banning order: 

• has my landlord ever had a banning order? 

If yes: 

• on what dates was my landlord’s banning order active? 

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

Proving your landlord has breached a banning order 

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

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

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

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

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

• witness statements from other tenants or neighbours 

Knowing or reckless misuse of a possession ground 

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

This offence, and others created by Part 1 of the Renters’ Rights Act, only apply to assured tenancies. These tenancies can only be ended by the landlord using a ground of possession that is listed in schedule 2 of the Housing Act 1988. 

Finding out if your landlord has committed this offence 

A landlord has committed this offence if: 

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

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

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

Proving this offence 

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 your applicant bundle a copy of the notice or letter your landlord gave you which mentions the possession ground that they used to regain possession of the property. 

You will also need to prove that your landlord knowingly or recklessly misused the ground. The evidence you include in your applicant 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. 

Example 1: rent arrears 

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.  

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

Evidence might therefore include:  

• bank statements showing you making rental payments 

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

Example 2: damage to property 

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 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. 

Evidence might therefore include: 

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

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

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

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

Example 3: anti-social behaviour 

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 behaviour. This is likely to be possession ground 7A or ground 14.  

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

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: 

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

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

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

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

Letting or marketing in a restricted period 

If your landlord gets you to leave by using the ‘moving in’ or ‘selling’ ground and then markets or lets the property within one year of serving the notice on you, they have committed an offence.  

This offence, and others created by Part 1 of the Renters’ Rights Act, only apply to assured tenancies. These tenancies can only be ended by the landlord using a ground of possession that is listed in schedule 2 of the Housing Act 1988. 

Finding out if your landlord has committed this offence 

For your landlord to have committed this offence, they will first need to have served you with an eviction notice which relies on possession grounds 1 or 1A, or commenced proceedings against you relying on one of those grounds. These are known as the ‘moving in’ and ‘selling’ grounds. This means the landlord can get possession of the property back because: 

• they are moving into the property themselves 

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

• they are selling the property 

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

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

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

Proving this offence 

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

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

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

Evidence might include: 

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

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

Continuing breach of tenancy requirements 

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

• failing to issue a written statement of terms 

• attempting to let a house on a fixed term 

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

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

• serving what appears to be a notice of possession 

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

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

This offence, and others created by Part 1 of the Renters’ Rights Act, only apply to assured tenancies. These tenancies can only be ended by the landlord using a ground of possession that is listed in schedule 2 of the Housing Act 1988. 

Finding out if your landlord is committing this offence 

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

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

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

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

Proving this offence 

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

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

If yes: 

• what requirement(s) did the landlord breach? 

• did the landlord appeal the penalty? 

If yes: 

• did the appeal result in the penalty being withdrawn? 

If no: 

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

If the council confirms all of the following: 

• they imposed a financial penalty 

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

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

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

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

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 a written statement of terms within 28 days of the penalty being imposed or the appeal being lost, withdrawn or abandoned. 

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

Published 7 April 2026