Section 41 — Application 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 [F1 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 [F2 2 years] ending with the day on which the application is made.

(2A) [F3 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.

Amendment notes

1. F1 Word in s. 41(1) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(3), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
2. F2 Words in s. 41(2)(b) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(3)(a), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
3. F3 S. 41(2A) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(3)(b), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)