Section 44 Amount of order: tenantsI1I2
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.
The amount must relate to rent paid F1by, or on behalf of, the tenant F2in 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 F3, or on behalf of, the tenant in respect of |
|---|---|
| an offence mentioned in row 1 | the period of F52 years ending with the date of the offence |
| F6an 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 | a period, not exceeding 2 years, during which the landlord was committing the offence |
In determining the amount the tribunal must, in particular, take into account—
the conduct of the landlord and the tenant,
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,
the financial circumstances of the landlord, F11...
whether the landlord has at any time had a rent repayment order made against them.
Annotations
Textual amendments
- F1
Words in s. 44(2) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(a)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F2
Words in s. 44(2) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(a)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F3
Words in s. 44(2) Table inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(a)(iii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F4
Words in s. 44(2) Table substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(a)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(ii) (with reg. 11)
- F5
Words in s. 44(2) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(a)(iv), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F6
Words in s. 44(2) Table inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(b), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
- F7
Words in s. 44(2) Table substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(a)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(ii) (with reg. 11)
- F8
Word in s. 44(3) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(b)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F9
Words in s. 44(3)(a) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(b)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F10
S. 44(4)(aa) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(c), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
- F11
Word in s. 44(4)(b) omitted (1.5.2026) by virtue of Renters’ Rights Act 2025 (c. 26), ss. 98(5)(c)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
- F12
Words in s. 44(4)(c) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(c)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
- F13
S. 44(4)(d) and word inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(c)(iii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
Commencement
- I1
S. 44 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a)
- I2
S. 44 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)