Where the First-tier Tribunal decides to make a rent repayment order under section 43 and both of the following conditions are met, the amount is to be the maximum that the tribunal has power to order in accordance with section 44 or 45 (but disregarding subsection (4) of those sections).
Condition 1 is that the order—
is made against a landlord who has been convicted of the offence, or
is made against a landlord who has received a financial penalty in respect of the offence and is made at a time when there is no prospect of appeal against that penalty.
Condition 2 is that the order is made—
in favour of a tenant on the ground that the landlord has committed an offence mentioned in row 1, 2, 3, 4 or 7 of the table in section 40(3), or
in favour of a local housing authority.
For the purposes of subsection (2)(b) there is "no prospect of appeal", in relation to a penalty, when the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn.
Nothing in this section requires the payment of any amount that, by reason of exceptional circumstances, the tribunal considers it would be unreasonable to require the landlord to pay.