OpenLegislation

Section 103 Rent repayment orders: liability of landlords and superior landlordsI1I2

England and Wales

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 40 (introduction and key definitions), for subsections (1) and (2) substitute—

“(1)

This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by—

(a)

a landlord under a tenancy of housing in England, or

(b)

any superior landlord in relation to such a tenancy.

(2)

A rent repayment order is an order requiring the landlord or superior landlord who committed the offence to—

(a)

pay a tenant an amount in respect of rent paid by or on behalf of the tenant (whether the rent was paid to the landlord or superior landlord against whom the order is made, or to another person), or

(b)

pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.

(2A)

In a case where the offence was committed by a superior landlord—

(a)

references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and

(b)

housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.”

(3)

In section 41 (application for rent repayment order), in subsection (1), for “person” substitute “landlord”.

(4)

In section 43 (making of rent repayment order), at the end of subsection (3) insert—

“(d)

section 46A (where an order is made against more than one landlord or there has been a previous order).”

(5)

In section 44 (amount of order: tenants)—

(a)

in subsection (2)—

(i)

after “rent paid” (in the first place) insert “by, or on behalf of, the tenant”,

(ii)

for “during” substitute “in respect of”,

(iii)

in the heading to the second column to the table, after “by” insert “, or on behalf of,”, and

(iv)

for “12 months” (in both places) substitute “2 years”,

(b)

in subsection (3)—

(i)

for “repay” substitute “pay”, and

(ii)

in paragraph (a), after “paid” insert “by, or on behalf of, the tenant”, and

(c)

in subsection (4), after paragraph (a) insert—

“(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,”.

(6)

In section 45 (amount of order: local housing authorities)—

(a)

in subsection (2)—

(i)

for “during” substitute “in respect of”, and

(ii)

for “12 months” (in both places) substitute “2 years”, and

(b)

in subsection (3)—

(i)

for “repay” substitute “pay”, and

(ii)

omit “that the landlord” (in the second place).

(7)

After section 46 insert—

“Amount of order: supplementary

46A
(1)

A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order.

(2)

If a rent repayment order (“the original order”) has been made in respect of rent under a tenancy and another rent repayment order (“the new order”) is made in respect of rent under the same tenancy, the new order may not require payment to be made in respect of any period in respect of which the original order required payment to be made.”

(8)

In section 52 (interpretation), in subsection (1), in the appropriate place insert—

  • ““landlord” is to be read in accordance with section 40(2A);”

Annotations

Commencement

I1

S. 103 not in force at Royal Assent, see s. 145(1)(7)

I2

S. 103 in force at 1.5.2026 by S.I. 2026/421, reg. 3(j) (with reg. 11)