# Housing and Planning Act 2016, Section 44: Amount of order: tenants


(1) Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a tenant, the amount is to be determined in accordance with this section.
(2) The amount must relate to rent paid by, or on behalf of, the tenant in respect of the period mentioned in the table.
If the order is made on the ground that the landlord has committed
the amount must relate to rent paid by , or on behalf of, the tenant in respect of
an offence mentioned in row 1 or 2 , 2, 2A or 9 of the table in section 40(3)
the period of 2 years ending with the date of the offence
an offence mentioned in row 2B of the table in section 40(3)
the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends
an offence mentioned in row 3, 4, 5, 6 or 7 2C, 3, 4, 5, 6, 7, 8 or 10 of the table in section 40(3)
a period, not exceeding 2 years, during which the landlord was committing the offence
(3) The amount that the landlord may be required to pay in respect of a period must not exceed—
(a) the rent paid by, or on behalf of, the tenant in respect of that period, less
(b) any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period.
(4) In determining the amount the tribunal must, in particular, take into account—
(a) the conduct of the landlord and the tenant,
(aa) the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,
(b) the financial circumstances of the landlord, ...
(c) whether the landlord has at any time been convicted of or received a financial penalty in respect of, an offence to which this Chapter applies , and
(d) whether the landlord has at any time had a rent repayment order made against them.

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Source: https://www.legislation.gov.uk/ukpga/2016/22/section/44 (the official version)
Page: https://openlegislation.uk/housing-and-planning-act-2016/section-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.