The Rent Repayment Orders (Supplementary Provisions) (Wales) Regulations 2008

Application of amounts recovered under a rent repayment order

3.—(1) Subject to paragraph (3), a local housing authority may apply an amount recovered under a rent repayment order for any of the purposes mentioned in paragraph (2).

(2) The purposes are the reimbursement of the authority’s costs and expenses (whether administrative or legal) incurred in, or associated with—

(a) the making of the application under section 73(5) of the Act or, as the case may be, section 96(5) of the Act;

(b) the registration and enforcement of any legal charge under section 74(9)(b) or 97(9)(b) of the Act on the relevant property;

(c) dealing with any application for the grant of a licence in respect of the relevant property under Part 2 of the Act (licensing of HMOs) or, as the case may be, Part 3 of the Act (selective licensing of other residential accommodation);

(d) the prosecution of the appropriate person for an offence under section 72(1) of the Act or, as the case may be, section 95(1) of the Act, in relation to the relevant property (whether proceedings are instituted before or after the making of the order);

(e) the making of an interim or final management order under Chapter 1 of Part 4 of the Act (interim and final management orders) in respect of the relevant property (whether the management order is made before or after the making of the rent repayment order);

(f) the management of the relevant property while an interim or final management order is in force;

(g) the execution of works undertaken in relation to the relevant property while an interim management order is in force; and

(h) the preparation of, or execution of works under, a management scheme under section 119 of the Act (management schemes and accounts) while a final management order is in force.

(3) Nothing in paragraph (1) authorises the application of an amount by way of reimbursement of an authority’s costs or expenses where those costs or expenses have already been paid by or on behalf of the appropriate person.

(4) In paragraph (2), “the relevant property” means the HMO or house to which the rent repayment order relates.