PART 2Rogue landlords and property agents in England
CHAPTER 4Rent repayment orders
Application for rent repayment order
I1I341Application for rent repayment order
1
A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a person 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 12 months ending with the day on which the application is made.
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.
I2I442Notice of intended proceedings
1
Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings.
2
A notice of intended proceedings must—
a
inform the landlord that the authority is proposing to apply for a rent repayment order and explain why,
b
state the amount that the authority seeks to recover, and
c
invite the landlord to make representations within a period specified in the notice of not less than 28 days (“the notice period”).
3
The authority must consider any representations made during the notice period.
4
The authority must wait until the notice period has ended before applying for a rent repayment order.
5
A notice of intended proceedings may not be given after the end of the period of 12 months beginning with the day on which the landlord committed the offence to which it relates.