Housing and Planning Act 2016

• Citation: 2016 c. 22
• Sections: 585

Section 1 Purpose of this Chapter

The purpose of this Chapter is to promote the supply of starter homes in England.

Section 2 What is a starter home?

(1) In this Chapter “ starter home ” means a building or part of a building that—

(a) is a new dwelling,

(b) is available for purchase by qualifying first-time buyers only,

(c) is to be sold at a discount of at least 20% of the market value,

(d) is to be sold for less than the price cap, and

(e) is subject to any restrictions on sale or letting specified in regulations made by the Secretary of State (for more about regulations under this paragraph, see section 3).

(2) “ New dwelling ” means a building or part of a building that—

(a) has been constructed for use as a single dwelling and has not previously been occupied, or

(b) has been adapted for use as a single dwelling and has not been occupied since its adaptation.

(3) “ Qualifying first-time buyer ” means an individual who—

(a) is a first-time buyer,

(b) is at least 23 years old but has not yet reached the age of 40, and

(c) meets any other criteria specified in regulations made by the Secretary of State (for example, relating to nationality).

(4) “ First-time buyer ” has the meaning given by section 57AA(2) of the Finance Act 2003.

(5) “Purchase”: the reference to a building or part of a building being available for purchase is to a freehold or a leasehold interest in the building or part being available for purchase.

(6) The “price cap” is set out in the table.

(7) The Secretary of State may by regulations—

(a) amend the definition of “first-time buyer”;

(b) disapply the age requirement in subsection (3)(b) in relation to specified categories of people;

(c) specify circumstances in which a dwelling may still be a starter home even if it is available for purchase by joint purchasers not all of whom meet the age requirement.

(8) The Secretary of State may by regulations amend the price cap; and the regulations may provide for different price caps to apply—

(a) for starter homes in different areas in Greater London;

(b) for starter homes in different areas outside Greater London.

(9) Before making regulations under subsection (8) the Secretary of State must consult—

(a) each local planning authority in England,

(b) the Mayor of London, and

(c) any other person the Secretary of State thinks appropriate.

(10) Regulations under this section may amend this Chapter.

Section 3 Power to require payments or discounts on resale (subject to tapering) etc

(1) The restrictions on sale that may be specified by regulations under section 2(1)(e) in relation to a dwelling that has been sold to a qualifying first-time buyer include, in particular, restrictions —

(a) requiring a person who sells the dwelling within a specified period to make a payment to a specified person in respect of the starter homes discount, or

(b) prohibiting a person from selling the dwelling within a specified period unless the dwelling is sold to a qualifying first-time buyer at a discount.

(2) Regulations made by virtue of subsection (1) must—

(a) set out how the amount of the payment or discount is to be determined, and

(b) provide for reductions in the amount of the payment or discount according to the length of time since the dwelling was first sold to a qualifying first-time buyer.

(3) The person specified in regulations under subsection (1)(a) may be the Secretary of State, a local planning authority in England or any other person.

(4) Regulations under section 2(1)(e) may impose restrictions that require a person selling the dwelling to sell it subject to any restrictions to which he or she is subject.

(5) Regulations under section 2(1)(e) may include provision about the legal mechanism by which any requirement is to be imposed.

(6) The Secretary of State may by regulations make provision about the use of sums that are paid to a person in accordance with a requirement imposed by regulations made by virtue of subsection (1)(a) (including provision permitting or requiring the payment of sums into the Consolidated Fund).

(7) In subsection (1)(a) “ starter homes discount ” means the discount mentioned in section 2(1)(c) or subsection (1)(b) above.

Section 4 General duty to promote supply of starter homes

(1) An English planning authority must carry out its relevant planning functions with a view to promoting the supply of starter homes in England.

(2) A local planning authority in England must have regard to any guidance given by the Secretary of State in carrying out that duty.

(3) “ English planning authority ” means—

(a) a local planning authority in England, or

(b) the Secretary of State when exercising a function relating to the grant of planning permission on an application in respect of land in England.

(4) “ Relevant planning functions ” means—

(a) functions under Part 3 of the Town and Country Planning Act 1990, other than functions relating to the grant of permission in principle;

(b) functions under Part 8 of the Greater London Authority Act 1999;

(c) functions under Part 2 of the Planning and Compulsory Purchase Act 2004.

(5) The Secretary of State may by regulations—

(a) amend the definition of “English planning authority” in subsection (3);

(b) amend the definition of “relevant planning functions” in subsection (4).

Section 5 Planning permission: provision of starter homes

(1) The Secretary of State may by regulations provide that an English planning authority may only grant planning permission for a residential development of a specified description if the starter homes requirement is met.

(2) Where the Secretary of State makes regulations under this section, the regulations must give an English planning authority power to dispense with the condition requiring the starter homes requirement to be met where—

(a) an application is made for planning permission in respect of a rural exception site, and

(b) the application falls to be determined wholly or partly on the basis of a policy contained in a development plan for the provision of housing on rural exception sites.

(3) “ English planning authority ” means—

(a) a local planning authority in England, or

(b) the Secretary of State when exercising a function relating to the grant of planning permission on an application in respect of land in England.

(4) “ The starter homes requirement ” means a requirement, specified in the regulations, relating to the provision of starter homes in England.

(5) Regulations under this section may, for example, provide that an English planning authority may grant planning permission only if a person has entered into a planning obligation to provide a certain number of starter homes or to pay a sum to be used by the authority for providing starter homes.

(6) The regulations may confer discretions on an English planning authority.

(7) The regulations may make different provision for different areas.

(8) In section 70 of the Town and Country Planning Act 1990 (determination of applications: general considerations), for subsection (3) substitute—

(3) Subsection (1) has effect subject to the following—

(a) section 65 and the following provisions of this Act;

(b) section 15 of the Health Services Act 1976;

(c) sections 66, 67, 72 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(ca) section 160 of the Historic Environment (Wales) Act 2023;

(d) regulations under section 5 of the Housing and Planning Act 2016 (starter homes requirements).

Section 6 Monitoring

(1) A local planning authority in England must prepare reports containing information about the carrying out of its functions in relation to starter homes.

(2) The Secretary of State may by regulations make provision about reports under this section, including—

(a) provision about their form and content;

(b) provision about their timing;

(c) provision requiring them to be combined with reports under section 35 of the Planning and Compulsory Purchase Act 2004.

(3) The regulations may require a report to contain information about applications to which regulations under section 5 apply and details of how those applications have been dealt with.

(4) An authority must make its reports under this section available to the public.

Section 7 Compliance directions

(1) The Secretary of State may make a compliance direction if satisfied that—

(a) a local planning authority has failed to carry out its functions in relation to starter homes or has failed to carry them out adequately, and

(b) a policy contained in a local development document for the authority is incompatible with those functions.

(2) A “compliance direction” is a direction that no regard is to be had to the policy for the purposes of any determination to be made under the planning Acts.

(3) A compliance direction remains in force until revoked by a further direction given by the Secretary of State.

(4) A direction under this section must include the Secretary of State's reasons for making it.

(5) The Secretary of State must publish any direction under this section and give a copy to the local planning authority.

Section 8 Interpretation of this Chapter

In this Chapter—

“ development ” has the meaning given by section 336 of the Town and Country Planning Act 1990;

“ functions in relation to starter homes ”, in relation to a local planning authority, means the authority's functions under—

section 4, and

regulations under section 5;

“ local development document ” is to be read in accordance with sections 17 and 18(3) of the Planning and Compulsory Purchase Act 2004;

“ local planning authority ” means a person who is a local planning authority for the purposes of any provision of Part 3 of the Town and Country Planning Act 1990;

“ the planning Acts ” has the meaning given by section 117(4) of the Planning and Compulsory Purchase Act 2004;

“ planning obligation ” means a planning obligation under section 106 of the Town and Country Planning Act 1990;

“ planning permission ” has the meaning given by section 336 of the Town and Country Planning Act 1990;

“ residential development ” means a development that includes at least one dwelling;

“ starter home ” has the meaning given by section 2.

Section 9 Definitions

(1) In section 1 of the Self-build and Custom Housebuilding Act 2015 (register of persons seeking to acquire land), before subsection (1) insert—

(A1) In this Act “ self-build and custom housebuilding ” means the building or completion by—

(a) individuals,

(b) associations of individuals, or

(c) persons working with or for individuals or associations of individuals,

of houses to be occupied as homes by those individuals.

(A2) But it does not include the building of a house on a plot acquired from a person who builds the house wholly or mainly to plans or specifications decided or offered by that person.

(2) In subsection (1) of that section—

(a) omit “(including bodies corporate that exercise functions on behalf of associations of individuals)”;

(b) for “in order to build houses for those individuals to occupy as homes” substitute “ for their own self-build and custom housebuilding ” .

(3) After subsection (6) of that section insert—

(6A) In this section—

“ association of individuals ” includes a body corporate that exercises functions on behalf of an association of individuals;

“ completion ” does not include anything that falls outside the definition of “building operations” in section 55(1A) of the Town and Country Planning Act 1990;

“ home ”, in relation to an individual, means the individual's sole or main residence.

(4) In section 5 of that Act (interpretation)—

(a) at the appropriate place insert—

“ self-build and custom housebuilding ” has the meaning given by section 1;

(b) for the definition of “serviced plot of land” substitute—

“ serviced plot of land ” means a plot of land that—

(a) has access to a public highway and has connections for electricity, water and waste water, or

(b) can be provided with those things in specified circumstances or within a specified period;

(c) at the end of that section (the existing text of which becomes subsection (1)) insert—

(2) Regulations may amend the definition of “serviced plot of land” by adding further services to those mentioned in paragraph (a).

Section 10 Duty to grant planning permission etc

(1) After section 2 of the Self-build and Custom Housebuilding Act 2015 insert—

Duty to grant planning permission etc

(2A)

(1) This section applies to an authority that is both a relevant authority and a local planning authority within the meaning of the Town and Country Planning Act 1990 (“ the 1990 Act ”).

(2) An authority to which this section applies must give suitable development permission in respect of enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority's area arising in each base period.

(3) Regulations must specify the time allowed for compliance with the duty under subsection (2) in relation to any base period.

(4) The first base period, in relation to an authority, is the period—

(a) beginning with the day on which the register under section 1 kept by the authority is established, and

(b) ending with the day before the day on which section 10 of the Housing and Planning Act 2016 comes into force.

Each subsequent base period is the period of 12 months beginning immediately after the end of the previous base period.

(5) In this section “ development permission ” means planning permission or permission in principle (within the meaning of the 1990 Act).

(6) For the purposes of this section—

(a) the demand for self-build and custom housebuilding arising in an authority's area in a base period is the demand as evidenced by the number of entries added during that period to the register under section 1 kept by the authority;

(b) an authority gives development permission if such permission is granted—

(i) by the authority,

(ii) by the Secretary of State or the Mayor of London on an application made to the authority, or

(iii) (in the case of permission in principle) by a development order, under section 59A(1)(a) of the 1990 Act, in relation to land allocated for development in a document made, maintained or adopted by the authority;

(c) development permission is “suitable” if it is permission in respect of development that could include self-build and custom housebuilding.

(7) A grant of development permission in relation to a particular plot of land may not be taken into account in relation to more than one base period in determining whether the duty in this section is discharged.

(8) No account is to be taken for the purposes of this section of development permission granted before the start of the first base period.

(9) Regulations under subsection (3)—

(a) may make different provision for different authorities or descriptions of authority;

(b) may make different provision for different proportions of the demand for self-build and custom housebuilding arising in a particular base period.

(2) In section 3 of that Act (guidance), after subsection (2) insert—

(3) An authority that is subject to the duty in section 2A must have regard to any guidance issued by the Secretary of State in relation to that duty.

(3) In relation to entries made on the register under section 1 of that Act before 31 October 2016 , any reference to self-build and custom housebuilding in section 2A of that Act (inserted by subsection (1) above) is to be read as if, in section 1 of that Act (as amended by section 9 above)—

(a) the words “or completion” in subsection (A1) were omitted, and

(b) the definitions of “completion” and “home” in subsection (6A) were omitted.

Section 11 Exemption from duty

After section 2A of the Self-build and Custom Housebuilding Act 2015 (inserted by section 10 above) insert—

Exemption from duty in section 2A

(2B)

(1) If an authority applies for exemption to the Secretary of State in accordance with regulations, the Secretary of State may direct that the authority is not subject to the duty in section 2A.

(2) The regulations may specify the cases or circumstances in which an authority may apply for exemption.

(3) Regulations may make further provision about applications under subsection (1), and may in particular—

(a) require an application to be supported by specified information and by any further information that the Secretary of State requires the authority to provide;

(b) require an authority that is granted exemption to notify persons on the register kept under section 1.

Section 12 Further and consequential amendments

(1) In the Schedule to the Self-build and Custom Housebuilding Act 2015 (registers under section 1), in paragraph 3 (eligibility)—

(a) after sub-paragraph (2) insert—

(2A) Regulations relating to the matters set out in sub-paragraph (2) may provide for eligibility to be determined by reference to criteria set by a relevant authority.

(b) at the end insert—

(4) The regulations may provide—

(a) that persons who fail to meet particular conditions of eligibility, but who meet the other conditions specified, must be entered on a separate part of the register;

(b) that the duty in section 2A does not apply in relation to such persons.

(2) In paragraph 6 of that Schedule (fees)—

(a) in sub-paragraph (1), for “section 1” substitute “ sections 1 and 2A ” ;

(b) in sub-paragraph (2)(b), after “fixing of fees by” insert “ the Secretary of State or ” ;

(c) after sub-paragraph (2) insert—

(3) The regulations may specify circumstances in which no fee is to be paid.

(3) In section 4(1) of that Act (regulations subject to affirmative resolution procedure)—

(a) in paragraph (b) omit “or”;

(b) after that paragraph insert—

(ba) section 2A(3),

(bb) section 5(2), or

(4) In section 4(2) of that Act (regulations subject to negative resolution procedure)—

(a) before paragraph (a) insert—

(za) section 2B,

(b) in paragraph (a), for “section 5” substitute “ section 5(1) ” .

Section 13 Introduction to this Part

(1) This Part is about rogue landlords and property agents.

(2) In summary—

(a) Chapter 2 allows a banning order to be made where a landlord or property agent has been convicted of a banning order offence,

(b) Chapter 3 requires a database of rogue landlords and property agents to be established,

(c) Chapter 4 allows a rent repayment order to be made against a landlord who has committed an offence to which that Chapter applies, and

(d) Chapter 6 contains definitions.

Section 14 “Banning order” and “banning order offence”

(1) In this Part “ banning order ” means an order, made by the First-tier Tribunal, banning a person from—

(a) letting housing in England,

(b) engaging in English letting agency work,

(c) engaging in English property management work, or

(d) doing two or more of those things.

(2) See also section 18 (which enables a banning order to include a ban on involvement in certain bodies corporate).

(3) In this Part “ banning order offence ” means an offence of a description specified in regulations made by the Secretary of State.

(4) Regulations under subsection (3) may, in particular, describe an offence by reference to—

(a) the nature of the offence,

(b) the characteristics of the offender,

(c) the place where the offence is committed,

(d) the circumstances in which it is committed,

(e) the court sentencing a person for the offence, or

(f) the sentence imposed.

(5) An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.

Section 15 Application and notice of intended proceedings

(1) A local housing authority in England may apply for a banning order against a person who has been convicted of a banning order offence.

(2) If a local housing authority in England applies for a banning order against a body corporate that has been convicted of a banning order offence, it must also apply for a banning order against any officer who has been convicted of the same offence in respect of the same conduct.

(3) Before applying for a banning order under subsection (1), the authority must give the person a notice of intended proceedings—

(a) informing the person that the authority is proposing to apply for a banning order and explaining why,

(b) stating the length of each proposed ban, and

(c) inviting the person to make representations within a period specified in the notice of not less than 28 days (“ the notice period ”).

(4) The authority must consider any representations made during the notice period.

(5) The authority must wait until the notice period has ended before applying for a banning order.

(6) A notice of intended proceedings may not be given after the end of the period of 6 months beginning with the day on which the person was convicted of the offence to which the notice relates.

Section 16 Making a banning order

(1) The First-tier Tribunal may make a banning order against a person who—

(a) has been convicted of a banning order offence, and

(b) was a residential landlord or a property agent at the time the offence was committed (but see subsection (3)).

(2) A banning order may only be made on an application by a local housing authority in England that has complied with section 15.

(3) Where an application is made under section 15(1) against an officer of a body corporate, the First-tier Tribunal may make a banning order against the officer even if the condition in subsection (1)(b) of this section is not met.

(4) In deciding whether to make a banning order against a person, and in deciding what order to make, the Tribunal must consider—

(a) the seriousness of the offence of which the person has been convicted,

(b) any previous convictions that the person has for a banning order offence,

(c) whether the person is or has at any time been included in the database of rogue landlords and property agents, and

(d) the likely effect of the banning order on the person and anyone else who may be affected by the order.

Section 17 Duration and effect of banning order

(1) A banning order must specify the length of each ban imposed by the order.

(2) A ban must last at least 12 months.

(3) A banning order may contain exceptions to a ban for some or all of the period to which the ban relates and the exceptions may be subject to conditions.

(4) A banning order may, for example, contain exceptions—

(a) to deal with cases where there are existing tenancies and the landlord does not have the power to bring them to an immediate end, or

(b) to allow letting agents to wind down current business.

Section 18 Content of banning order: involvement in bodies corporate

(1) A banning order may include provision banning the person against whom it is made from being involved in any body corporate that carries out an activity that the person is banned by the order from carrying out.

(2) For this purpose a person is “involved” in a body corporate if the person acts as an officer of the body corporate or directly or indirectly takes part in or is concerned in the management of the body corporate.

Section 19 Power to require information

(1) A local housing authority may require a person to provide specified information for the purpose of enabling the authority to decide whether to apply for a banning order against the person.

(2) It is an offence for the person to fail to comply with a requirement, unless the person has a reasonable excuse for the failure.

(3) It is an offence for the person to provide information that is false or misleading if the person knows that the information is false or misleading or is reckless as to whether it is false or misleading.

(4) A person who commits an offence under this section is liable on summary conviction to a fine.

Section 20 Revocation or variation of banning orders

(1) A person against whom a banning order is made may apply to the First-tier Tribunal for an order under this section revoking or varying the order.

(2) If the banning order was made on the basis of one or more convictions all of which are overturned on appeal, the First-tier Tribunal must revoke the banning order.

(3) If the banning order was made on the basis of more than one conviction and some of them (but not all) have been overturned on appeal, the First-tier Tribunal may—

(a) vary the banning order, or

(b) revoke the banning order.

(4) If the banning order was made on the basis of one or more convictions that have become spent, the First-tier Tribunal may—

(a) vary the banning order, or

(b) revoke the banning order.

(5) The power to vary a banning order under subsection (3)(a) or (4)(a) may be used to add new exceptions to a ban or to vary—

(a) the banned activities,

(b) the length of a ban, or

(c) existing exceptions to a ban.

(6) In this section “ spent ”, in relation to a conviction, means spent for the purposes of the Rehabilitation of Offenders Act 1974.

Section 21 Offence of breach of banning order

(1) A person who breaches a banning order commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 51 weeks or to a fine or to both.

(3) If a financial penalty under section 23 has been imposed in respect of the breach, the person may not be convicted of an offence under this section.

(4) Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues.

(5) In proceedings for an offence under subsection (4) it is a defence to show that the person had a reasonable excuse for the continued breach.

(6) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.

Section 22 Offences by bodies corporate

(1) Where an offence under section 21 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were an officer of the body corporate.

Section 23 Financial penalty for breach of banning order

(1) The responsible local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to an offence under section 21(1).

(2) In this section “ responsible local housing authority ” means the local housing authority for the area in which the housing to which the conduct relates is situated.

(3) Only one financial penalty under this section may be imposed in respect of the same conduct unless subsection (4) allows another penalty to be imposed.

(4) If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.

(5) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £30,000.

(6) The responsible local housing authority may not impose a financial penalty in respect of any conduct amounting to an offence under section 21(1) if—

(a) the person has been convicted of an offence under that section in respect of the conduct, or

(b) criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.

(7) Schedule 1 deals with—

(a) the procedure for imposing financial penalties,

(b) appeals against financial penalties, and

(c) enforcement of financial penalties.

(8) The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.

(9) The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

(10) A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this section or Schedule 1.

Section 24 Saving for illegal contracts

A breach of a banning order does not affect the validity or enforceability of any provision of a tenancy or other contract entered into by a person despite any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

Section 25 Banned person may not hold HMO licence etc

Schedule 2 changes the rules about granting and revoking licences under Parts 2 and 3 of the Housing Act 2004 where a banning order has been made.

Section 26 Management orders following banning order

Schedule 3 amends the Housing Act 2004 to allow interim and final management orders to be made in cases where a banning order has been made.

Section 27 Prohibition on certain disposals

(1) A person who is subject to a banning order that includes a ban on letting may not make an unauthorised transfer of an estate in land to a prohibited person.

(2) A disposal in breach of the prohibition imposed by subsection (1) is void.

(3) A transfer is “ unauthorised ” for the purposes of subsection (1) unless it is authorised by the First-tier Tribunal on an application by the person who is subject to the banning order.

(4) In subsection (1) “ prohibited person ” means—

(a) a person associated with the landlord,

(b) a business partner of the landlord,

(c) a person associated with a business partner of the landlord,

(d) a business partner of a person associated with the landlord,

(e) a body corporate of which the landlord or a person mentioned in paragraph (a) to (d) is an officer,

(f) a body corporate in which the landlord has a shareholding or other financial interest, or

(g) in a case where the landlord is a body corporate, any body corporate that has an officer in common with the landlord.

(5) In section (4)—

“ associated person ” is to be read in accordance with section 178 of the Housing Act 1996;

“ business partner ” is to be read in accordance with section 34(5) of the Deregulation Act 2015.

Section 28 Database of rogue landlords and property agents

(1) The Secretary of State must establish and operate a database of rogue landlords and property agents for the purposes of this Chapter.

(2) Sections 29 and 30 give local housing authorities in England responsibility for maintaining the content of the database.

(3) The Secretary of State must ensure that local housing authorities are able to edit the database for the purpose carrying out their functions under those sections and updating the database under section 34.

Section 29 Duty to include person with banning order

(1) A local housing authority in England must make an entry in the database in respect of a person if—

(a) a banning order has been made against the person following an application by the authority, and

(b) no entry was made under section 30, before the banning order was made, on the basis of a conviction for the offence to which the banning order relates.

(2) An entry made under this section must be maintained for the period for which the banning order has effect and must then be removed.

Section 30 Power to include person convicted of banning order offence

(1) A local housing authority in England may make an entry in the database in respect of a person if—

(a) the person has been convicted of a banning order offence, and

(b) the offence was committed at a time when the person was a residential landlord or a property agent.

(2) A local housing authority in England may make an entry in the database in respect of a person who has, at least twice within a period of 12 months, received a financial penalty in respect of a banning order offence committed at a time when the person was a residential landlord or a property agent.

(3) A financial penalty is to be taken into account for the purposes of subsection (2) only if the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn.

(4) Section 31 imposes procedural requirements that must be met before an entry may be made in the database under this section.

(5) An entry made under this section—

(a) must be maintained for the period specified in the decision notice given under section 31 before the entry was made (or that period as reduced in accordance with section 36), and

(b) must be removed at the end of that period.

(6) Subsection (5)(a) does not prevent an entry being removed early in accordance under section 36.

(7) The Secretary of State must publish guidance setting out criteria to which local housing authorities must have regard in deciding—

(a) whether to make an entry in the database under this section, and

(b) the period to specify in a decision notice under section 31.

Section 31 Procedure for inclusion under section 30

(1) If a local housing authority decides to make an entry in the database in respect of a person under section 30 it must give the person a decision notice before the entry is made.

(2) The decision notice must—

(a) explain that the authority has decided to make the entry in the database after the end of the period of 21 days beginning with the day on which the notice is given (“ the notice period ”), and

(b) specify the period for which the person's entry will be maintained, which must be at least 2 years beginning with the day on which the entry is made.

(3) The decision notice must also summarise the person's appeal rights under section 32.

(4) The authority must wait until the notice period has ended before making the entry in the database.

(5) If a person appeals under section 32 within the notice period the local housing authority may not make the entry in the database until—

(a) the appeal has been determined or withdrawn, and

(b) there is no possibility of further appeal (ignoring the possibility of an appeal out of time).

(6) A decision notice under this section may not be given after the end of the period of 6 months beginning with the day on which the person—

(a) was convicted of the banning order offence to which the notice relates, or

(b) received the second of the financial penalties to which the notice relates.

Section 32 Appeals

(1) A person who has been given a decision notice under section 31 may appeal to the First-tier Tribunal against—

(a) the decision to make the entry in the database in respect of the person, or

(b) the decision as to the period for which the person's entry is to be maintained.

(2) An appeal under this section must be made before the end of the notice period specified in the decision notice under section 31(2).

(3) The Tribunal may allow an appeal to be made to it after the end of the notice period if satisfied that there is a good reason for the person's failure to appeal within the period (and for any subsequent delay).

(4) On an appeal under this section the tribunal may confirm, vary or cancel the decision notice.

Section 33 Information to be included in the database

(1) The Secretary of State may by regulations make provision about the information that must be included in a person's entry in the database.

(2) The regulations may, in particular, require a person's entry to include—

(a) the person's address or other contact details,

(b) the period for which the entry is to be maintained;

(c) details of properties owned, let or managed by the person;

(d) details of any banning order offences of which the person has been convicted;

(e) details of any banning orders made against the person, whether or not still in force;

(f) details of financial penalties that the person has received.

(3) In relation to a case where a body corporate is entered in the database, the regulations may also require information to be included about its officers.

Section 34 Updating

A local housing authority must take reasonable steps to keep information in the database up-to-date.

Section 35 Power to require information

(1) A local housing authority may require a person to provide specified information for the purpose of enabling the authority to decide whether to make an entry in the database in respect of the person.

(2) A local housing authority that makes an entry in the database in respect of a person, or that is proposing to make an entry in the database in respect of a person, may require the person to provide any information needed to complete the person's entry or keep it up-to-date.

(3) It is an offence for the person to fail to comply with a requirement, unless the person has a reasonable excuse for the failure.

(4) It is an offence for the person to provide information that is false or misleading if the person knows that the information is false or misleading or is reckless as to whether it is false or misleading.

(5) A person who commits an offence under this section is liable on summary conviction to a fine.

Section 36 Removal or variation of entries made under section 30

(1) An entry made in the database under section 30 may be removed or varied in accordance with this section.

(2) If the entry was made on the basis of one or more convictions all of which are overturned on appeal, the responsible local housing authority must remove the entry.

(3) If the entry was made on the basis of more than one conviction and some of them (but not all) have been overturned on appeal, the responsible local housing authority may—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

(4) If the entry was made on the basis of one or more convictions that have become spent, the responsible local housing authority may—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

(5) If the entry was made on the basis that the person has received two or more financial penalties and at least one year has elapsed since the entry was made, the responsible local housing authority may—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

(6) The power in subsection (3), (4) or (5) may even be used—

(a) to remove an entry before the end of the two-year period mentioned in section 31(2)(b), or

(b) to reduce the period for which an entry must be maintained to less than the two-year period mentioned in section 31(2)(b).

(7) If a local housing authority removes an entry in the database, or reduces the period for which it must be maintained, it must notify the person to whom the entry relates.

(8) In this section—

“ responsible local housing authority ” means the local housing authority by which the entry was made;

“ spent ”, in relation to a conviction, means spent for the purposes of the Rehabilitation of Offenders Act 1974.

Section 37 Requests for exercise of powers under section 36 and appeals

(1) A person in respect of whom an entry is made in the database under section 30 may request the responsible local housing authority to use its powers under section 36 to—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

(2) The request must be in writing.

(3) Where a request is made, the local housing authority must—

(a) decide whether to comply with the request, and

(b) give the person notice of its decision.

(4) If the local housing authority decides not to comply with the request the notice must include—

(a) reasons for that decision, and

(b) a summary of the appeal rights conferred by this section.

(5) Where a person is given notice that the responsible local housing authority has decided not to comply with the request the person may appeal to the First-tier Tribunal against that decision.

(6) An appeal to the First-tier Tribunal under subsection (5) must be made before the end of the period of 21 days beginning with the day on which the notice was given.

(7) The First-tier Tribunal may allow an appeal to be made to it after the end of that period if satisfied that there is a good reason for the person's failure to appeal within the period (and for any subsequent delay).

(8) On an appeal under this section the tribunal may order the local housing authority to—

(a) remove the entry, or

(b) reduce the period for which the entry must be maintained.

Section 38 Access to database

The Secretary of State must give every local housing authority in England access to information in the database.

Section 39 Use of information in database

(1) The Secretary of State may use information in the database for statistical or research purposes.

(2) The Secretary of State may disclose information in the database to any person if the information is disclosed in an anonymised form.

(3) Information is disclosed in an anonymised form if no individual or other person to whom the information relates can be identified from the information.

(4) A local housing authority in England may only use information obtained from the database—

(a) for purposes connected with its functions under the Housing Act 2004,

(b) for the purposes of a criminal investigation or proceedings relating to a banning order offence,

(c) for the purposes of an investigation or proceedings relating to a contravention of the law relating to housing or landlord and tenant,

(d) for the purposes of promoting compliance with the law relating to housing or landlord and tenant by any person in the database, or

(e) for statistical or research purposes.

(5) For the purposes of paragraph 17 of Schedule 23 to the Finance Act 2011 (which relates to HMRC data-gathering powers), the database is to be treated as being maintained by the Secretary of State.

Section 40 Introduction and key definitions

(1) This Chapter confers power on the First-tier Tribunal to make a rent repayment order where a landlord has committed an offence to which this Chapter applies.

(2) A rent repayment order is an order requiring the landlord under a tenancy of housing in England to—

(a) repay an amount of rent paid by a tenant, or

(b) pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.

(3) A reference to “an offence to which this Chapter applies” is to an offence, of a description specified in the table, that is committed by a landlord in relation to housing in England let by that landlord.

(4) For the purposes of subsection (3), an offence under section 30(1) or 32(1) of the Housing Act 2004 is committed in relation to housing in England let by a landlord only if the improvement notice or prohibition order mentioned in that section was given in respect of a hazard on the premises let by the landlord (as opposed, for example, to common parts).

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 person 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 12 months ending with the day on which the application is made.

(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.

Section 42 Notice of intended proceedings

(1) Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings.

(2) A notice of intended proceedings must—

(a) inform the landlord that the authority is proposing to apply for a rent repayment order and explain why,

(b) state the amount that the authority seeks to recover, and

(c) invite the landlord to make representations within a period specified in the notice of not less than 28 days (“ the notice period ”).

(3) The authority must consider any representations made during the notice period.

(4) The authority must wait until the notice period has ended before applying for a rent repayment order.

(5) A notice of intended proceedings may not be given after the end of the period of 12 months beginning with the day on which the landlord committed the offence to which it relates.

Section 43 Making of rent repayment order

(1) The First-tier Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that a landlord has committed an offence to which this Chapter applies (whether or not the landlord has been convicted).

(2) A rent repayment order under this section may be made only on an application under section 41.

(3) The amount of a rent repayment order under this section is to be determined in accordance with—

(a) section 44 (where the application is made by a tenant);

(b) section 45 (where the application is made by a local housing authority);

(c) section 46 (in certain cases where the landlord has been convicted etc).

Section 44 Amount of order: tenants

(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 during the period mentioned in the table.

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

(a) the rent paid 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,

(b) the financial circumstances of the landlord, and

(c) whether the landlord has at any time been convicted of an offence to which this Chapter applies.

Section 45 Amount of order: local housing authorities

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

(2) The amount must relate to universal credit paid during the period mentioned in the table.

(3) The amount that the landlord may be required to repay in respect of a period must not exceed the amount of universal credit that the landlord received (directly or indirectly) in respect of rent under the tenancy for that period.

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

(a) the conduct of the landlord,

(b) the financial circumstances of the landlord, and

(c) whether the landlord has at any time been convicted of an offence to which this Chapter applies.

Section 46 Amount of order following conviction

(1) Where the First-tier Tribunal decides to make a rent repayment order under section 43 and both 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—

(a) in favour of a tenant on the ground that the landlord has committed an offence mentioned in row 1, 2, 3, 4 or 7 of the table in section 40(3), or

(b) in favour of a local housing authority.

(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.

(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.

Section 47 Enforcement of rent repayment orders

(1) An amount payable to a tenant or local housing authority under a rent repayment order is recoverable as a debt.

(2) An amount payable to a local housing authority under a rent repayment order does not, when recovered by the authority, constitute an amount of universal credit recovered by the authority.

(3) The Secretary of State may by regulations make provision about how local housing authorities are to deal with amounts recovered under rent repayment orders.

Section 48 Duty to consider applying for rent repayment orders

If a local housing authority becomes aware that a person has been convicted of an offence to which this Chapter applies in relation to housing in its area, the authority must consider applying for a rent repayment order.

Section 49 Helping tenants apply for rent repayment orders

(1) A local housing authority in England may help a tenant to apply for a rent repayment order.

(2) A local housing authority may, for example, help the tenant to apply by conducting proceedings or by giving advice to the tenant.

Section 50 Rent repayment orders: consequential amendments

(1) The Housing Act 2004 is amended as follows.

(2) In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders)—

(a) in subsection (4), after “section 74” insert “ (in the case of an HMO in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of an HMO in England) ” ;

(b) in subsection (5)(a), after “HMO” insert “ in Wales ” .

(3) In section 96 (other consequences of operating unlicensed houses: rent repayment orders)—

(a) in subsection (4), after “section 97” insert “ (in the case of a house in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of a house in England) ” ;

(b) in subsection (5)(a), after “house” insert “ in Wales ” .