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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

40Introduction and key definitions
This section has no associated Explanatory Notes

(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.

Actsectiongeneral description of offence
1Criminal Law Act 1977section 6(1)violence for securing entry
2Protection from Eviction Act 1977section 1(2), (3) or (3A)eviction or harassment of occupiers
3Housing Act 2004section 30(1)failure to comply with improvement notice
4section 32(1)failure to comply with prohibition order etc
5section 72(1)control or management of unlicensed HMO
6section 95(1)control or management of unlicensed house
7This Actsection 21breach 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).

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