PART 2Rogue landlords and property agents in England
CHAPTER 4Rent repayment orders
Rent repayment orders: introduction
40Introduction and key definitions
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 |
F22A | 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) | F3offences relating to unlicensed HMOs | |
6 | section 95(1) | F4offences 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).
Application for rent repayment order
41Application for rent repayment order
(1)
A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a F5landlord who has committed an offence to which this Chapter applies.
(2)
A tenant may apply for a rent repayment order only if —
(a)
the offence relates to housing that, at the time of the offence, was let to the tenant, and
(b)
the offence was committed in the period of F62 years ending with the day on which the application is made.
F7(2A)
The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J(1) or (2) of the Housing Act 1988.
(3)
A local housing authority may apply for a rent repayment order only if—
(a)
the offence relates to housing in the authority's area, and
(b)
the authority has complied with section 42.
(4)
In deciding whether to apply for a rent repayment order a local housing authority must have regard to any guidance given by the Secretary of State.
42Notice of intended proceedings
(1)
Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings.
(2)
A notice of intended proceedings must—
(a)
inform the landlord that the authority is proposing to apply for a rent repayment order and explain why,
(b)
state the amount that the authority seeks to recover, and
(c)
invite the landlord to make representations within a period specified in the notice of not less than 28 days (“the notice period”).
(3)
The authority must consider any representations made during the notice period.
(4)
The authority must wait until the notice period has ended before applying for a rent repayment order.
(5)
A notice of intended proceedings may not be given after the end of the period of F82 years beginning with the day on which the landlord committed the offence to which it relates.
Making of rent repayment order
43Making of rent repayment order
(1)
The First-tier Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that a landlord has committed an offence to which this Chapter applies (whether or not the landlord has been convicted).
(2)
A rent repayment order under this section may be made only on an application under section 41.
(3)
The amount of a rent repayment order under this section is to be determined in accordance with—
(a)
section 44 (where the application is made by a tenant);
(b)
section 45 (where the application is made by a local housing authority);
(c)
section 46 (in certain cases where the landlord has been convicted etc).
F9(d)
section 46A (where an order is made against more than one landlord or there has been a previous order).
44Amount of order: tenants
(1)
Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a tenant, the amount is to be determined in accordance with this section.
(2)
The amount must relate to rent paid F10by, or on behalf of, the tenant F11in respect of the period mentioned in the table.
If the order is made on the ground that the landlord has committed | the amount must relate to rent paid by F12, or on behalf of, the tenant in respect of |
|---|---|
an offence mentioned in row 1 | the period of F142 years ending with the date of the offence |
F15an offence mentioned in row 2B of the table in section 40(3) | the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends |
an offence mentioned in row | a period, not exceeding F142 years, during which the landlord was committing the offence |
(3)
The amount that the landlord may be required to F17pay in respect of a period must not exceed—
(a)
the rent paid F18by, or on behalf of, the tenant in respect of that period, less
(b)
any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period.
(4)
In determining the amount the tribunal must, in particular, take into account—
(a)
the conduct of the landlord and the tenant,
F19(aa)
the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,
(b)
the financial circumstances of the landlord, F20...
(c)
(d)
whether the landlord has at any time had a rent repayment order made against them.
45Amount of order: local housing authorities
(1)
Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a local housing authority, the amount is to be determined in accordance with this section.
(2)
The amount must relate to universal credit paid F23in respect of the period mentioned in the table.
In the order is made on the ground that the landlord has committed | the amount must relate to universal credit paid in respect of |
|---|---|
an offence mentioned in row 1 | the period of F252 years ending with the date of the offence |
F26an offence mentioned in row 2B of the table in section 40(3) | the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends |
an offence mentioned in row | a period, not exceeding F252 years, during which the landlord was committing the offence |
(3)
(4)
In determining the amount the tribunal must, in particular, take into account—
(a)
the conduct of the landlord,
(b)
the financial circumstances of the landlord, F30...
(c)
(d)
whether the landlord has at any time had a rent repayment order made against them.
46Amount of order following conviction
(1)
Where the First-tier Tribunal decides to make a rent repayment order under section 43 and F33either of the following conditions are met, the amount is to be the maximum that the tribunal has power to order in accordance with section 44 or 45 (but disregarding subsection (4) of those sections).
(2)
Condition 1 is that the order—
(a)
is made against a landlord who has been convicted of the offence, or
(b)
is made against a landlord who has received a financial penalty in respect of the offence and is made at a time when there is no prospect of appeal against that penalty.
F34(3)
Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)—
(a)
been convicted of another offence which is the same offence as the relevant offence,
(b)
received a financial penalty in respect of another offence which is the same offence as the relevant offence, or
(c)
had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence.
(4)
For the purposes of subsection (2)(b) there is “no prospect of appeal”, in relation to a penalty, when the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn.
F35(4A)
For the purposes of subsection (3), an offence under section 72(1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95(1) of that Act (and vice versa).
(5)
Nothing in this section requires the payment of any amount that, by reason of exceptional circumstances, the tribunal considers it would be unreasonable to require the landlord to pay.
F3646AAmount of order: supplementary
(1)
A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order.
(2)
If a rent repayment order (“the original order”) has been made in respect of rent under a tenancy and another rent repayment order (“the new order”) is made in respect of rent under the same tenancy, the new order may not require payment to be made in respect of any period in respect of which the original order required payment to be made.
Enforcement of rent repayment order
47Enforcement of rent repayment orders
(1)
An amount payable to a tenant or local housing authority under a rent repayment order is recoverable as a debt.
(2)
An amount payable to a local housing authority under a rent repayment order does not, when recovered by the authority, constitute an amount of universal credit recovered by the authority.
(3)
The Secretary of State may by regulations make provision about how local housing authorities are to deal with amounts recovered under rent repayment orders.
Local housing authority functions
48Duty to consider applying for rent repayment orders
If a local housing authority becomes aware that a person has been convicted of an offence to which this Chapter applies in relation to housing in its area, the authority must consider applying for a rent repayment order.
49Helping tenants apply for rent repayment orders
(1)
A local housing authority in England may help a tenant to apply for a rent repayment order.
(2)
A local housing authority may, for example, help the tenant to apply by conducting proceedings or by giving advice to the tenant.
Amendments etc and interpretation
50Rent 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
”
.
51Housing 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.
F3751ALandlord which is body corporate: liability of directors etc
(1)
This section applies where—
(a)
a landlord which is a body corporate has committed an offence to which this Chapter applies, and
(b)
the offence—
(i)
was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or
(ii)
was a specified offence and was attributable to any neglect on the part of such a person.
(2)
That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence.
(3)
In this Chapter a reference to the landlord includes that person.
(4)
In this section—
“relevant person” means—
(a)
in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body;
(b)
in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it;
“specified offence” means an offence under—
(a)
(b)
section 16J (2) or (3) of the Housing Act 1988;
(c)
section 30 (1), 32(1), 72(1) or 95(1) of the Housing Act 2004;
(d)
section 21 of this Act;
(e)
section 67(1) or 92(2) of the Renters’ Rights Act 2025.
52Interpretation of Chapter
(1)
In this Chapter—
F38“landlord” is to be read in accordance with section 40(2A);
“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.