Housing and Planning Act 2016

40 Introduction and key definitions E+W

[F1 (1) This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by—

(a) a landlord under a tenancy of housing in England, or

(b) any superior landlord in relation to such a tenancy.

(2) A rent repayment order is an order requiring the landlord or superior landlord who committed the offence to—

(a) pay a tenant an amount in respect of rent paid by or on behalf of the tenant (whether the rent was paid to the landlord or superior landlord against whom the order is made, or to another person), 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.

(2A) In a case where the offence was committed by a superior landlord—

(a) references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and

(b) housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.]

(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.

	Act	section	general description of offence
1	Criminal Law Act 1977	section 6(1)	violence for securing entry
2	Protection from Eviction Act 1977	section 1(2), (3) or (3A)	eviction or harassment of occupiers
[F2 2A	Housing Act 1988	section 16J(1)	Knowingly or recklessly misusing a possession ground
2B	section 16J(2)	Breach of restriction on letting or marketing dwelling-house
2C	section 16J(3)	Tenancy reform: continuing breaches]
3	Housing Act 2004	section 30(1)	failure to comply with improvement notice
4		section 32(1)	failure to comply with prohibition order etc
5		section 72(1)	[F3 offences relating to unlicensed HMOs]
6		section 95(1)	[F4 offences relating to unlicensed houses]
7	This Act	section 21	breach 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).

Textual Amendments

F1 S. 40(1)-(2A) substituted for s. 40(1)(2) (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(2), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)

F2 Words in s. 40(3) table inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(2)(a), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F3 Words in s. 40(3) table substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(2)(b), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F4 Words in s. 40(3) table substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(2)(c), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

Commencement Information

I1 S. 40 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a) (with reg. 5)

I2 S. 40 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)