(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.
Commencement Information
I1S. 10 not in force at Royal Assent, see s. 25(2)
I2S. 10 in force at 30.6.2022 for specified purposes by S.I. 2022/694, reg. 3
I3S. 10 in force at 1.4.2023 in so far as not already in force by S.I. 2022/694, reg. 4