Explanatory Notes

Housing Act 2004

2004 CHAPTER 34

Thursday 18 November 2004

Commentary on Sections

Part 2 – Licensing of Houses in Multiple Occupation

Section 74: Further provisions about rent repayment orders

211.Section 74 provides that where a landlord is actually convicted of an offence under section 72(1), and the LHA makes an application, the RPT is required to make a rent repayment order in respect of all Housing Benefit received by the landlord unless exceptional circumstances apply. In all other cases the RPT has discretion to make a rent repayment order for such an amount as is reasonable in the circumstances.