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

Renters' Rights Act 2025 · 2025 c. 26View on legislation.gov.uk

Our take on Section 103: Rent repayment orders: liability of landlords and superior landlords

This closes a gap for people renting through a middleman. For offending from 1 May 2026, the tribunal in England can make a rent repayment order against a superior landlord, such as the owner who leased your home to the company subletting it to you, even though your rent went to that company. It reverses the effect of Rakusen v Jepsen, a 2023 Supreme Court decision. In our view it matters most when a middleman folds, because one order against both landlords can be enforced in full against either. The owner must still have committed a listed offence, but for an unlicensed home that now includes an owner higher up the chain unless they have a defence.

Part 4: Enforcement — Chapter 1: Sanctions

The Housing and Planning Act 2016 is amended as follows.

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

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

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

In section 44 (amount of order: tenants)—

in subsection (2)—
after "rent paid" (in the first place) insert ,"by, or on behalf of, the tenant"
for "during" substitute ,"in respect of"
in the heading to the second column to the table, after "by" insert , and", or on behalf of,"
for "12 months" (in both places) substitute ,"2 years"
in subsection (3)—
for "repay" substitute , and"pay"
in paragraph (a), after "paid" insert , and"by, or on behalf of, the tenant"
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,.

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

in subsection (2)—
for "during" substitute , and"in respect of"
for "12 months" (in both places) substitute , and"2 years"
in subsection (3)—
for "repay" substitute , and"pay"
omit "that the landlord" (in the second place).

After section 46 insert—

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

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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