Section 103 amends sections of Chapter 4 of Part 2 of the Housing and Planning Act 2016 ("HPA 2016") which makes provision for rent repayment orders.
	Subsection (2) replaces section 40, subsections (1) and (2) of the HPA 2016 to provide that the Tribunal has power to make a rent repayment order against a landlord for certain offences (which was already the case under section 40) and also any superior landlord, under the tenancy in question (which is new). Rent repayment orders can take into account rent paid on behalf of the tenant as well as rent paid by the tenant. Subsection (2) clarifies that a rent repayment order can be made against a landlord or any superior landlord in favour of a tenant regardless of who the tenant, or the person paying rent on behalf of the tenant, paid the rent to. Rent repayment orders can also be awarded to local housing authorities in respect of a relevant award of Universal Credit made by the authority.
	Subsection (2) inserts new subsection (2A) into section 40 of the HPA 2016. This ensures that references to the "landlord" in Chapter 4 of the HPA 2016 are in appropriate cases to be read as references to the "superior landlord".
	Subsection (3) provides that "person" is to be replaced with "landlord" in section 41 (application for rent repayment order) to ensure that a rent repayment order is available against both landlords and superior landlords.
	Subsection (4) inserts new section 46A into the list of provisions in accordance with which the decision on the amount of the rent repayment order must be determined.
	Subsections (5) and (6) amend sections 44 (amount of order: tenants) and 45 (amount of order: local housing authorities) of the HPA 2016 which relate, respectively, to the amount of the order when this is sought by a tenant for rent paid and by a local housing authority where rent has been met through Universal Credit. The amendments provide that:
							the value to be paid can take into account rent paid in respect of the period of the tenancy (so, for example, payments in advance) as well as paid during the tenancy;
							the maximum amount payable is doubled from 12 months to two years rent;
							the amount to be paid does not have to have been paid directly to the landlord against whom the rent repayment order is sought.
	The amount the landlord is ordered to pay can relate to rent paid by the tenant and rent paid on behalf of the tenant in respect of the relevant period.
	Subsection (7) inserts new section 46A into the HPA 2016. Section 46A, subsection (1) provides that, where a rent repayment order is made against more than one landlord, those landlords must be held jointly and severally liable for the amount due under that order. Section 46A, subsection (2) provides that, where a rent repayment order is made under a tenancy and then a subsequent rent repayment order is made in respect of the same tenancy, the new order may not require payment to be made in respect of any period for which the original order was made.
	Section 44, subsection (4) of the HPA 2016 lists the factors which must in particular be taken into account by the First-tier Tribunal when determining the amount of a rent repayment order sought by a tenant. Section 103, subsection (5) provides that, in addition to those factors already listed, the First-tier Tribunal must also take into account any rent received by the tenant in respect of the period covered by the order in relation to the housing let to the tenant. The purpose of this is to ensure that where a tenant is letting all or part of a property to subtenants (and therefore acting as a landlord), the First-tier Tribunal must take into account the rent they have received from their subtenants.
Part 4: Enforcement Chapter 1 – Sanctions Section 103: Rent repayment orders: liability of landlords and superior landlords Effect