Enforcement
I1I2I310Recovery of prohibited rent by enforcement authority
1
Subsection (2) applies where an enforcement authority is satisfied on the balance of probabilities that—
a
a tenant has made a payment of a prohibited rent under a regulated lease, and
b
in breach of section 3(1) all or part of the payment has not been refunded.
2
The enforcement authority may order any one of the following persons to pay to the tenant the amount that has not been refunded—
a
the landlord under the lease at the time the payment was made;
b
the landlord under the lease at the time the enforcement authority makes the order;
c
where the payment was made to a person acting on behalf of the landlord under the lease, that person.
3
Subsection (2) does not apply if—
a
the tenant has made an application under section 13 for the recovery of the rent;
b
an enforcement authority has previously made an order under this section in relation to the payment.
4
Where part or all of two or more payments of a prohibited rent made by a tenant under the same lease have not been refunded, the enforcement authority may make a single order under subsection (2) in respect of all the prohibited rent that has not been refunded.