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UK Law Reference
All sections of Housing and Planning Act 2016
2016 c. 22, s.44

Section 44 — Amount of order: tenants

This version in force from 2026-05-01

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a tenant, the amount is to be determined in accordance with this section.

(2) The amount must relate to rent paid [F1 by, or on behalf of, the tenant] [F2 in respect of] the period mentioned in the table.

(3) The amount that the landlord may be required to [F3 pay] in respect of a period must not exceed—

(a) the rent paid [F4 by, or on behalf of, the tenant] in respect of that period, less

(b) any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period.

(4) In determining the amount the tribunal must, in particular, take into account—

(a) the conduct of the landlord and the tenant,

(aa) [F5 the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,]

(b) the financial circumstances of the landlord, ...

(c) whether the landlord has at any time been convicted of [F6 or received a financial penalty in respect of,] an offence to which this Chapter applies [F7 , and]

(d) [F7 whether the landlord has at any time had a rent repayment order made against them.]

Amendment notes

  1. F1 Words in s. 44(2) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(a)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
  2. F2 Words in s. 44(2) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(a)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
  3. F3 Word in s. 44(3) substituted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(b)(i), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
  4. F4 Words in s. 44(3)(a) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(b)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
  5. F5 S. 44(4)(aa) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 103(5)(c), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(j) (with reg. 11)
  6. F6 Words in s. 44(4)(c) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(c)(ii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)
  7. F7 S. 44(4)(d) and word inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 98(5)(c)(iii), 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(h)(i) (with reg. 11)