Housing and Planning Act 2016
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Change 1
46 Amount of order following conviction
(1) Where the First-tier Tribunal decides to make a rent repayment order under section 43 and either of the following conditions are met, the amount is to be the maximum that the tribunal has power to order in accordance with section 44 or 45 (but disregarding subsection (4) of those sections). (2) Condition 1 is that the order— (a) is made against a landlord who has been convicted of the offence, or (b) is made against a landlord who has received a financial penalty in respect of the offence and is made at a time when there is no prospect of appeal against that penalty. (3) Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)— (a) been convicted of another offence which is the same offence as the relevant offence, (b) received a financial penalty in respect of another offence which is the same offence as the relevant offence, or (c) had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence. (4) For the purposes of subsection (2)(b) there is “no prospect of appeal”, in relation to a penalty, when the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn. (4A) For the purposes of subsection (3), an offence under section 72(1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95(1) of that Act (and vice versa). (5) Nothing in this section requires the payment of any amount that, by reason of exceptional circumstances, the tribunal considers it would be unreasonable to require the landlord to pay.
46 Amount of order following conviction
(1) Where the First-tier Tribunal decides to make a rent repayment order under section 43 and either of the following conditions are met, the amount is to be the maximum that the tribunal has power to order in accordance with section 44 or 45 (but disregarding subsection (4) of those sections). (2) Condition 1 is that the order— (a) is made against a landlord who has been convicted of the offence, or (b) is made against a landlord who has received a financial penalty in respect of the offence and is made at a time when there is no prospect of appeal against that penalty. (3) Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)— (a) been convicted of another offence which is the same offence as the relevant offence, (b) received a financial penalty in respect of another offence which is the same offence as the relevant offence, or (c) had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence. (4) For the purposes of subsection (2)(b) there is “no prospect of appeal”, in relation to a penalty, when the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn. (4A) For the purposes of subsection (3), an offence under section 72(1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95(1) of that Act (and vice versa). (5) Nothing in this section requires the payment of any amount that, by reason of exceptional circumstances, the tribunal considers it would be unreasonable to require the landlord to pay.
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