Section 40: Introduction and key definitions

Housing and Planning Act 2016 · 2016 c. 22View on legislation.gov.uk

Part 2: Rogue landlords and property agents in England — CHAPTER 4: Rent repayment orders

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

A rent repayment order is an order requiring the landlord under a tenancy of housing in England to—

repay an amount of rent paid by a tenant, or
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.

A reference to "an offence to which this Chapter applies" is to an offence, of a description specified in the table, that is committed by a landlord in relation to housing in England let by that landlord.

For the purposes of subsection (3), an offence under section 30(1) or 32(1) of the Housing Act 2004 is committed in relation to housing in England let by a landlord only if the improvement notice or prohibition order mentioned in that section was given in respect of a hazard on the premises let by the landlord (as opposed, for example, to common parts).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.