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Change 1
As published
104 Rent repayment orders: liability of directors etc
In the Housing and Planning Act 2016, after section 51 insert—
Landlord which is body corporate: liability of directors etc
51A (1) This section applies where—
(a) a landlord which is a body corporate has committed an offence to which this Chapter applies, and
(b) the offence—
(i) was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or
(ii) was a specified offence and was attributable to any neglect on the part of such a person.
(2) That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence.
(3) In this Chapter a reference to the landlord includes that person.
(4) In this section—
“relevant person” means—
in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body;
in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it;
“specified offence” means an offence under—
section 1(2) of the Protection from Eviction Act 1977;
section 16J(2) or (3) of the Housing Act 1988;
section 30(1), 32(1), 72(1) or 95(1) of the Housing Act 2004;
section 21 of this Act;
section 67(1) or 92(2) of the Renters’ Rights Act 2025.
Your change, as a redline
104 Rent repayment orders: liability of directors etc
In the Housing and Planning Act 2016, after section 51 insert—
Landlord which is body corporate: liability of directors etc
51A (1) This section applies where—
(a) a landlord which is a body corporate has committed an offence to which this Chapter applies, and
(b) the offence—
(i) was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or
(ii) was a specified offence and was attributable to any neglect on the part of such a person.
(2) That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence.
(3) In this Chapter a reference to the landlord includes that person.
(4) In this section—
“relevant person” means—
in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body;
in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it;
“specified offence” means an offence under—
section 1(2) of the Protection from Eviction Act 1977;
section 16J(2) or (3) of the Housing Act 1988;
section 30(1), 32(1), 72(1) or 95(1) of the Housing Act 2004;
section 21 of this Act;
section 67(1) or 92(2) of the Renters’ Rights Act 2025.
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