PART 2Rogue landlords and property agents in England
CHAPTER 4Rent repayment orders
Making of rent repayment 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 F1by, or on behalf of, the tenant F2in 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 F3, or on behalf of, the tenant in respect of |
|---|---|
an offence mentioned in row 1 | the period of F52 years ending with the date of the offence |
F6an 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 F52 years, during which the landlord was committing the offence |
(3)
The amount that the landlord may be required to F8pay in respect of a period must not exceed—
(a)
the rent paid F9by, 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,
F10(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, F11...
(c)
(d)
whether the landlord has at any time had a rent repayment order made against them.