PART 2Rogue landlords and property agents in England

CHAPTER 4Rent repayment orders

Amendments etc and interpretation

I150Rent repayment orders: consequential amendments

1

The Housing Act 2004 is amended as follows.

2

In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders)—

a

in subsection (4), after “section 74” insert “ (in the case of an HMO in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of an HMO in England) ”;

b

in subsection (5)(a), after “HMO” insert “ in Wales ”.

3

In section 96 (other consequences of operating unlicensed houses: rent repayment orders)—

a

in subsection (4), after “section 97” insert “ (in the case of a house in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of a house in England) ”;

b

in subsection (5)(a), after “house” insert “ in Wales ”.

I251Housing benefit: inclusion pending abolition

1

In this Chapter a reference to universal credit or a relevant award of universal credit includes housing benefit under Part 7 of the Social Security Contributions and Benefits Act 1992.

2

Where a local authority applies for a rent repayment order in relation to housing benefit, a reference in this Chapter to “rent” includes any payment in respect of which housing benefit may be paid.

I352Interpretation of Chapter

1

In this Chapter—

  • offence to which this Chapter applies” has the meaning given by section 40;

  • relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012;

  • rent” includes any payment in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit;

  • rent repayment order” has the meaning given by section 40.

2

For the purposes of this Chapter an amount that a tenant does not pay as rent but which is offset against rent is to be treated as having been paid as rent.