{
  "url": "https://openlegislation.uk/housing-and-planning-act-2016/section-40",
  "json_url": "https://openlegislation.uk/housing-and-planning-act-2016/section-40.json",
  "legislation": "ukpga/2016/22",
  "legislation_title": "Housing and Planning Act 2016",
  "legislation_url": "https://openlegislation.uk/housing-and-planning-act-2016",
  "path": "section/40",
  "kind": "section",
  "number": "40",
  "heading": "Introduction and key definitions",
  "text": "(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—\n(a) a landlord under a tenancy of housing in England, or\n(b) any superior landlord in relation to such a tenancy.\n(2) A rent repayment order is an order requiring the landlord or superior landlord who committed the offence to—\n(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\n(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.\n(2A) In a case where the offence was committed by a superior landlord—\n(a) references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and\n(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.\n(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.\nAct\nsection\ngeneral description of offence\n1\nCriminal Law Act 1977\nsection 6(1)\nviolence for securing entry\n2\nProtection from Eviction Act 1977\nsection 1(2), (3) or (3A)\neviction or harassment of occupiers\n2A\nHousing Act 1988\nsection 16J(1)\nKnowingly or recklessly misusing a possession ground\n2B\nsection 16J(2)\nBreach of restriction on letting or marketing dwelling-house\n2C\nsection 16J(3)\nTenancy reform: continuing breaches\n3\nHousing Act 2004\nsection 30(1)\nfailure to comply with improvement notice\n4\nsection 32(1)\nfailure to comply with prohibition order etc\n5\nsection 72(1)\noffences relating to unlicensed HMOs\n6\nsection 95(1)\noffences relating to unlicensed houses\n7\nThis Act\nsection 21\nbreach of banning order\n(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).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 40 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a) (with reg. 5)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 40 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "ukpga/2025/26",
      "affecting_title": "Renters’ Rights Act 2025"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2025/26",
      "affecting_title": "Renters’ Rights Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2016/22/section/40",
    "retrieved_at": "2026-10-29T09:06:11.976723+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}