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Rent Repayment Orders
Things are about to get a little tougher for those Landlords who choose not to obey the law because the scope of Rent Repayment Orders (RROs) is about to be widened when Part 2 of the Housing and Planning Act 2016 comes into force on 6th April 2017.
RROs are made by the first tier property tribunal and have previously been confined to when a Landlord is in breach of licensing for properties in multiple occupancy.
RROs can now be applied for if a Landlord has committed any of the following offences:
|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|
|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)||control or management of unlicensed HMO|
|6||section 95(1)||control or management of unlicensed house|
|7||Housing and Planning Act 2016||section 21||breach of banning order|
A tenant or the Local Authority can apply for an RRO. Where a tenant applies they cannot recover rent that was paid by way of Universal Credit. This must be the subject of an application by the Local Authority. Applications must be made within 12 months of the date of the offence.
If the Landlord is also subject to a criminal prosecution it is likely that those proceedings will not have concluded prior to an RRO application being made. This may confuse some tenants who would perhaps understandably wait until the conclusion of the criminal proceedings, thereby running the risk of being out of time.
We will wait to see whether these new provisions lead to an increase in the number of RROs that are applied for.
For further advice please contact our specialist housing team lawyers
Broadwalk House, Southernhay West, Exeter EX1 1UA
call: 01392 204515 or email: firstname.lastname@example.org