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Section 45 Amount of order: local housing authoritiesI1I2

(1)

Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a local housing authority, the amount is to be determined in accordance with this section.

(2)

The amount must relate to universal credit paid F1in respect of the period mentioned in the table.

In the order is made on the ground that the landlord has committedthe amount must relate to universal credit paid in respect of
an offence mentioned in row 1 F2or 2 , 2, 2A or 9 of the table in section 40(3)the period of F32 years ending with the date of the offence
F4an 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 F53, 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 F6pay in respect of a period must not exceed the amount of universal credit F7... received (directly or indirectly) in respect of rent under the tenancy for that period.

(4)

In determining the amount the tribunal must, in particular, take into account—

(a)

the conduct of the landlord,

(b)

the financial circumstances of the landlord, F8...

(c)

whether the landlord has at any time been convicted of F9, or received a financial penalty in respect of, an offence to which this Chapter applies F10, and

(d)

whether the landlord has at any time had a rent repayment order made against them.

Annotations

Textual amendments

F1

Words in s. 45(2) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(6)(a)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)

F2

Words in s. 45(2) Table substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 98(6)(a)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(ii) (with reg. 11)

F3

Words in s. 45(2) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(6)(a)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)

F4

Words in s. 45(2) Table inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(6)(b), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F5

Words in s. 45(2) Table substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 98(6)(a)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(ii) (with reg. 11)

F6

Word in s. 45(3) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(6)(b)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)

F7

Words in s. 45(3) omitted (1.5.2026) by virtue of Renters’ Rights Act 2025 (c. 26), ss. 103(6)(b)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)

F8

Word in s. 45(4)(b) omitted (1.5.2026) by virtue of Renters’ Rights Act 2025 (c. 26), ss. 98(6)(c)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F9

Words in s. 45(4)(c) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(6)(c)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

F10

S. 45(4)(d) and word inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(6)(c)(iii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)

Commencement

I1

S. 45 in force at 6.4.2017 for specified purposes by S.I. 2017/281, reg. 4(a)

I2

S. 45 in force at 6.4.2018 in so far as not already in force by S.I. 2018/393, reg. 2(a)