PART 2Rogue landlords and property agents in England
CHAPTER 4Rent repayment orders
Rent repayment orders: introduction
40Introduction and key definitions
(1)
This Chapter confers power on the First-tier Tribunal to make a rent repayment order where a landlord has committed an offence to which this Chapter applies.
(2)
A rent repayment order is an order requiring the landlord under a tenancy of housing in England to—
(a)
repay an amount of rent paid by a tenant, or
(b)
pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.
(3)
A reference to “an offence to which this Chapter applies” is to an offence, of a description specified in the table, that is committed by a landlord in relation to housing in England let by that landlord.
Act | section | general description of offence | |
|---|---|---|---|
1 | Criminal Law Act 1977 | section 6(1) | violence for securing entry |
2 | Protection from Eviction Act 1977 | section 1(2), (3) or (3A) | eviction or harassment of occupiers |
3 | Housing Act 2004 | section 30(1) | failure to comply with improvement notice |
4 | section 32(1) | failure to comply with prohibition order etc | |
5 | section 72(1) | control or management of unlicensed HMO | |
6 | section 95(1) | control or management of unlicensed house | |
7 | This Act | section 21 | breach of banning order |
(4)
For the purposes of subsection (3), an offence under section 30(1) or 32(1) of the Housing Act 2004 is committed in relation to housing in England let by a landlord only if the improvement notice or prohibition order mentioned in that section was given in respect of a hazard on the premises let by the landlord (as opposed, for example, to common parts).