Section 40 — Housing and Planning Act 2016: Introduction and key definitions

Introduction and key definitions 40 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 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. Act section general description of offence 1 Criminal Law Act 1977 section 6(1) violence for securing entry 2 Protection from Eviction Act 1977 section 1(2), (3) or (3A) eviction or harassment of occupiers 2A Housing Act 1988 section 16J(1) Knowingly or recklessly misusing a possession ground 2B section 16J(2) Breach of restriction on letting or marketing dwelling-house 2C section 16J(3) Tenancy reform: continuing breaches 3 Housing Act 2004 section 30(1) failure to comply with improvement notice 4 section 32(1) failure to comply with prohibition order etc 5 section 72(1) offences relating to unlicensed HMOs 6 section 95(1) offences relating to unlicensed houses 7 This Act section 21 breach of banning order 4 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).