Section 42 Notice of intended proceedingsI1I2
Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings.
A notice of intended proceedings must—
inform the landlord that the authority is proposing to apply for a rent repayment order and explain why,
state the amount that the authority seeks to recover, and
invite the landlord to make representations within a period specified in the notice of not less than 28 days (“the notice period”).
The authority must consider any representations made during the notice period.
The authority must wait until the notice period has ended before applying for a rent repayment order.
A notice of intended proceedings may not be given after the end of the period of F12 years beginning with the day on which the landlord committed the offence to which it relates.
Annotations
Textual amendments
- F1
Words in s. 42(5) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(4), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
Commencement
- I1
S. 42 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a)
- I2
S. 42 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)