Sharma v Chun Kwok Lau – RRO Applications Must Be Made Within 12 Months of the Offence

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Court: Upper Tribunal (Lands Chamber)
Date: 2019
Issue: Rent Repayment Order Time Limit

Background:

The tenants sought a Rent Repayment Order (RRO) due to their landlord’s failure to license an HMO.
The landlord, Mr. Lau, argued that the application was out of time.

Legal Issue:

What is the correct limitation period for applying for a Rent Repayment Order?
Is it linked to the tenancy end date, or to the date of the actual offence?

Decision:

The Upper Tribunal confirmed:

Tenants have 12 months from the date of the offence to apply for an RRO.
The “offence” refers to the landlord’s failure to meet legal requirements, such as not having an HMO licence.
The Tribunal emphasized that the statutory clock starts ticking from the date of the offence, not the end of the tenancy or the application date.

Legal Impact:

Clarifies the importance of early action, delays beyond 12 months void eligibility.
Tenants do not need to have moved out or taken prior action to apply.
Landlords can’t avoid RROs just by running out the clock with delayed enforcement.

Links:

Sharma v Chun Kwok Lau

Apply for a Rent Repayment Order (RRO1)

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