Section 98 amends sections of Chapter 4 of Part 2 of the Housing and Planning Act 2016 ("the 2016 Act") which make provision for rent repayment orders.
	Subsection (2) lists the offences committed by a landlord that may be subject to a rent repayment order.
	Subsection (3)(a) extends the period in which a tenant can apply for a rent repayment order from 12 months to two years beginning with the date the offence was committed.
	Subsection (4) extends the period in which local authorities can send a notice of intended proceedings to a landlord for a rent repayment order from 12 months to two years beginning with the date the offence was committed. The purpose of these provisions is to widen eligibility and ensure fewer tenants and local authorities are timed out.
	Subsection (3)(b) provides that where a tenant is seeking a rent repayment order for an offence under section 16J, subsections (1) or (2) of the HA 1988, the property does not have to have been let to the tenant when the offence occurred.
	Subsections (5)(a)(i) and (6)(a)(i) provide that the rent repayment order amount for the new, "one-off" offences must relate to the rent – or Housing Benefit or Universal Credit in respect of rent – paid for the period of two years ending with the date of the offence. Subsections (5)(a)(ii) and (6)(a)(ii) provide that the rent repayment order amount for the new, "continuous" offences must relate to the period of up to two years in which the landlord was committing the offence and in respect of which rent was paid – or Housing Benefit or Universal Credit in respect of rent. Subsections (5)(b) and (6)(b) provide that, where a rent repayment order is made in relation to an offence under 16J, subsection (2) of the Housing Act 1988, the amount of the order is to be calculated by reference to the rent paid in respect of the two years prior to either the date of the offence or, if the tenancy ends before that date, the date on which it ends.
	Subsections (5)(c) and (6)(c) provide that, when determining the amount of the award under section 44 or 45 of the 2016 Act, in addition to convictions, the Tribunal must now take into account whether the landlord has at any time received a financial penalty for any of the offences to which Chapter 4 of the Act applies and whether the landlord has at any time had a rent repayment order made against them.
	The combined effect of subsection (7)(a) and the deletion of the previous Condition 2 in section 46, subsection (3) of the 2016 Act is that, where a landlord has been convicted of or received a financial penalty for any offence to which Chapter 4 of the Act applies, the Tribunal must award the maximum amount. The purpose is to ensure that the deterrent effect of rent repayment orders is equally strong across all offences to which the rent repayment order regime applies, and to increase the deterrent effect for the offences to which this provision did not previously apply.
	Subsection (7)(b) creates a new Condition 2 in section 46, subsection (3) of the 2016 Act. New Condition 2 provides that where a rent repayment order is made against a landlord for an offence ("the relevant offence") and the landlord has at any time been convicted of, received a financial penalty for or had a rent repayment order made against them in respect of another offence, the Tribunal must award the maximum amount that can be awarded, provided the two offences are the same. The intention is to ensure that the deterrent effect is increased against landlords who repeat the criminal behaviour that they have previously been subject to enforcement action for.
	Subsection (7)(c) provides that the two offences relating to failure to hold the correct licence for a property are treated as the same offence for the purpose of section 46, subsection (3) of the 2016 Act.
Part 2: Residential landlord Chapter 4 – Part 2: Supplementary Provision Section 98: Rent repayment orders for offences under the Housing Act 1988 and sections 67 and 92 of this Act Effect