Section 104 Rent repayment orders: liability of directors etcI1I2

In the Housing and Planning Act 2016, after section 51 insert—

“Landlord which is body corporate: liability of directors etc

51A

(1)

This section applies where—

(a)

a landlord which is a body corporate has committed an offence to which this Chapter applies, and

(b)

the offence—

(i)

was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or

(ii)

was a specified offence and was attributable to any neglect on the part of such a person.

(2)

That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence.

(3)

In this Chapter a reference to the landlord includes that person.

(4)

In this section—

• “relevant person” means—

  1. (a)

     in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body;

  2. (b)

     in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it;

• “specified offence” means an offence under—

  1. (a)

     section 1(2) of the Protection from Eviction Act 1977;

  2. (b)

     section 16J(2) or (3) of the Housing Act 1988;

  3. (c)

     section 30(1), 32(1), 72(1) or 95(1) of the Housing Act 2004;

  4. (d)

     section 21 of this Act;

  5. (e)

     section 67(1) or 92(2) of the Renters’ Rights Act 2025.”