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Section 40 Introduction and key definitionsI1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1This 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.

Actsectiongeneral description of offence
1Criminal Law Act 1977section 6(1)violence for securing entry
2Protection from Eviction Act 1977section 1(2), (3) or (3A)eviction or harassment of occupiers
F22A Housing Act 1988section 16J(1)Knowingly or recklessly misusing a possession ground
2Bsection 16J(2)Breach of restriction on letting or marketing dwelling-house
2Csection 16J(3)Tenancy reform: continuing breaches
3Housing Act 2004section 30(1)failure to comply with improvement notice
4section 32(1)failure to comply with prohibition order etc
5section 72(1) F3offences relating to unlicensed HMOs
6section 95(1) F4offences relating to unlicensed houses
7This Actsection 21breach 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).

Annotations

Textual amendments

F1

S. 40(1)-(2A) substituted for s. 40(1)(2) (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(2), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)

F2

Words in s. 40(3) table inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(2)(a), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F3

Words in s. 40(3) table substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(2)(b), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F4

Words in s. 40(3) table substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(2)(c), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

Commencement

I1

S. 40 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a) (with reg. 5)

I2

S. 40 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)