Section 41 — Housing and Planning Act 2016: Application for rent repayment order

Application for rent repayment order 41 1 A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a landlord who has committed an offence to which this Chapter applies.

2 A tenant may apply for a rent repayment order only if —

a the offence relates to housing that, at the time of the offence, was let to the tenant, and b the offence was committed in the period of 2 years ending with the day on which the application is made. 2A The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J(1) or (2) of the Housing Act 1988 .

3 A local housing authority may apply for a rent repayment order only if—

a the offence relates to housing in the authority's area, and b the authority has complied with section 42.

4 In deciding whether to apply for a rent repayment order a local housing authority must have regard to any guidance given by the Secretary of State.