My landlord doesn't have an HMO licence — can I claim my rent back?

If your landlord never applied for an HMO licence — or let it lapse — you may be entitled to claim back a large chunk of the rent you've already paid, through something called a Rent Repayment Order (RRO).

What counts as an unlicensed HMO

A property is usually a licensable HMO if five or more unrelated people share it across two or more households, with shared kitchen, bathroom or living space. Councils require a licence for these properties specifically so basic safety standards — fire doors, escape routes, gas and electrical checks — are met. Operating one without a licence is a criminal offence under the Housing Act 2004, whether the landlord knew the rules or not.

Smaller properties can also require a licence under a council's local “selective licensing” scheme, which covers ordinary rented homes, not just HMOs — worth checking even if your home doesn't sound like a typical shared house.

How much you could claim back

A First-tier Tribunal (Property Chamber) can order your landlord to repay rent you already paid while the property was unlicensed. Two things changed the size of that claim in 2026:

• Before 1 May 2026: claims are capped at 12 months' rent.
• From 1 May 2026: the cap rises to 24 months' rent under the Renters' Rights Act.

The Tribunal decides the actual amount based on your circumstances — it isn't automatically the full amount paid. As a rough guide, awards commonly land between 40% and 100% of rent paid over the claim period.

How to check if you qualify

You'll generally have a stronger claim if:

• Your property fits the HMO definition above (or your council runs a selective licensing scheme covering it)
• You can show the property wasn't licensed while you lived there (a quick call or email to your council's licensing team confirms this)
• You have some record of the rent you paid — bank statements or a tenancy agreement are enough to start

ReclaimRent's free eligibility checker walks through this in about 4 minutes and tells you where you stand — no details are shared with your landlord.

What happens next if you qualify

ReclaimRent's Free Tier helps you build the evidence pack and RRO1 tribunal application yourself, at no cost. For stronger cases, ReclaimRent Pro handles the full tribunal application on a no-win-no-fee basis — you only pay if you win (32% of the award), and nothing if the claim doesn't succeed.

Sources: Shelter — unlicensed HMO · Shelter — RRO from 1 May 2026 · GOV.UK — RRO guidance for tenants

Not sure your situation fits this? Read the full Rent Repayment Order eligibility guide →