Enforcement

I1I2I310Recovery of prohibited rent by enforcement authority

1

Subsection (2) applies where an enforcement authority is satisfied on the balance of probabilities that—

a

a tenant has made a payment of a prohibited rent under a regulated lease, and

b

in breach of section 3(1) all or part of the payment has not been refunded.

2

The enforcement authority may order any one of the following persons to pay to the tenant the amount that has not been refunded—

a

the landlord under the lease at the time the payment was made;

b

the landlord under the lease at the time the enforcement authority makes the order;

c

where the payment was made to a person acting on behalf of the landlord under the lease, that person.

3

Subsection (2) does not apply if—

a

the tenant has made an application under section 13 for the recovery of the rent;

b

an enforcement authority has previously made an order under this section in relation to the payment.

4

Where part or all of two or more payments of a prohibited rent made by a tenant under the same lease have not been refunded, the enforcement authority may make a single order under subsection (2) in respect of all the prohibited rent that has not been refunded.