Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007 and shall come into force on 6th April 2007.

(2) These Regulations apply in relation to England only.

(3) In these Regulations, “the Act” means the Housing Act 2004.

Overpayments of housing benefit

2. —(1) Paragraph (2) applies if, in the course of proceedings on an application under subsection (5) of section 73 of the Act (other consequences of operating unlicensed HMOs( 2 ): rent repayment orders) or subsection (5) of section 96 of the Act (other consequences of operating unlicensed houses( 3 ): rent repayment orders), it comes to the notice of the local housing authority that in respect of periodical payments payable in connection with occupation of the part or parts of the HMO or of the whole or part of the house to which the application applies there may have been a payment of housing benefit( 4 ) that was not properly payable.

(2) A local housing authority may apply to the residential property tribunal for leave to amend their application by substituting for the total amount of housing benefit paid, such part of that amount as they believe is properly payable.

(3) For the purposes of paragraphs (1) and (2)—

(a) an amount of housing benefit is properly payable if the person to whom, or in respect of whom, it is paid is entitled to it under the Housing Benefit Regulations 2006( 5 ) or the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 6 ) (whether on the initial decision or as subsequently revised or superseded or further revised or superseded), and

(b) “overpayment of housing benefit” has the meaning given by regulation 99 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 80 of the Housing Benefit (Persons who have obtained the qualifying age for state pension credit) Regulations 2006.

3. —(1) Subject to paragraph (3), a local housing authority may apply an amount recovered under a rent repayment order for any of the purposes mentioned in paragraph (2).

(2) The purposes are the reimbursement of the authority’s costs and expenses (whether administrative or legal) incurred in, or associated with—

(a) the making of the application under section 73(5) of the Act or, as the case may be, section 96(5) of the Act;

(b) the registration and enforcement of any legal charge under section 74(9)(b) or 97(9)(b) of the Act on the relevant property;

(c) dealing with any application for the grant of a licence in respect of the relevant property under Part 2 of the Act (licensing of HMOs) or, as the case may be, Part 3 of the Act (selective licensing of other residential accommodation);

(d) the prosecution of the appropriate person for an offence under section 72(1) of the Act or, as the case may be, section 95(1) of the Act, in relation to the relevant property (whether proceedings are instituted before or after the making of the order);

(e) the making of an interim or final management order under Chapter 1 of Part 4 of the Act (interim and final management orders) in respect of the relevant property (whether the management order is made before or after the making of the rent repayment order);

(f) the management of the relevant property while an interim or final management order is in force;

(g) the execution of works undertaken in relation to the relevant property while an interim management order is in force; and

(h) the preparation of, or execution of works under, a management scheme under section 119 of the Act (management schemes and accounts) while a final management order is in force.

(3) Nothing in paragraph (1) authorises the application of an amount by way of reimbursement of an authority’s costs or expenses where a court or residential property tribunal has made an order with respect to all or some of those costs or expenses.

(4) In paragraph (2), “the relevant property” means the HMO or house to which the rent repayment order relates.

Treatment of surpluses

4. An amount recovered under a rent repayment order which is not applied for a purpose mentioned in regulation 3(2), shall be paid into the Consolidated Fund.