PART 2Rogue landlords and property agents in England

CHAPTER 4Rent repayment orders

Making of rent repayment order

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 F1in 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 F2or 2F2, 2, 2A or 9 of the table in section 40(3)

the period of F32 years ending with the date of the offence

F4an 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 F53, 4, 5, 6 or 7F52C, 3, 4, 5, 6, 7, 8 or 10 of the table in section 40(3)

a period, not exceeding F32 years, during which the landlord was committing the offence

(3)

The amount that the landlord may be required to F6pay in respect of a period must not exceed the amount of universal credit F7... received (directly or indirectly) in respect of rent under the tenancy for that period.

(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, F8...

(c)

whether the landlord has at any time been convicted of F9, or received a financial penalty in respect of, an offence to which this Chapter applies F10, and

(d)

whether the landlord has at any time had a rent repayment order made against them.