Section 41 Application for rent repayment orderI1I2
A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a F1landlord who has committed an offence to which this Chapter applies.
A tenant may apply for a rent repayment order only if —
the offence relates to housing that, at the time of the offence, was let to the tenant, and
the offence was committed in the period of F22 years ending with the day on which the application is made.
The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J(1) or (2) of the Housing Act 1988.
A local housing authority may apply for a rent repayment order only if—
the offence relates to housing in the authority's area, and
the authority has complied with section 42.
In deciding whether to apply for a rent repayment order a local housing authority must have regard to any guidance given by the Secretary of State.
Annotations
Textual amendments
- F1
Word in s. 41(1) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(3), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F2
Words in s. 41(2)(b) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(3)(a), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
- F3
S. 41(2A) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(3)(b), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
Commencement
- I1
S. 41 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a) (with reg. 5)
- I2
S. 41 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)