Rent Repayment Orders

Hello. My name is Rachel Coyle. On today's Webinar is about rent payment orders. I'm about 36 Greek and this weapon I brought to you in conjunction with data. So what are repayment orders? Let's look, It's right. Number two read. Repayment orders are a means by which attends for local authority concede to have 12 months of rent, housing benefit or universal credit we paid, usually in addition to other finds. One of the purposes of having rightly payment orders on broadening their availability to now be available to tenants and include other offenses is an attempt by the government to try a mostly clamp down on rogue landlords. So the House of Commons, Brandon News, MP, then minister of state for Housing and planning, part of commuters local government, made the following statement every 2016. This will enable councils to issue remedy payment orders 12 months that will give them a resource that it is hoped they will use. So who is right repay to If there were to be a successful application to the first to try, you know? Well, I have the tenants with the local authority. If the talent has paid their rent themselves. Then the rebels be repaid to them. But if the rent has been paid through housing benefit will through the housing elements of universal credit, then the rent must be paid to local housing authority. If direct was paid partial by the talent, with the remainder paid through, how did benefit neither credit then the rent should be paid on an equivalent basis, the housing up to $2 before introduce rep repaint orders to cover situations where the land or the property had failed to obtain a license with property that was required to license and those offenses specifically, were they relations? Licensing of houses multiple patient, section 70 to 1 on offense relations last houses on a proper really act. Section 95 1 Now it is what broader? And I'll come to that shortly because what has changed is that the housing and cannot to 2016 has decided to bring in effectively a wider range. Our defenses, it would've it's 53 who can apply and make three payment order well cry to the housing and coming up 2016. Only the local authority could initiate rent. Painful process test would only apply, once traveled to receive a conviction for license, defense or local authorities. Have sex really made a claim for red paint of any housing benefit. Now, either Revenant, local authority or tenants may initiate that process if they believe the man or just guilty one of qualifying offenses in the previous 12 months. But it must be borne in mind that the burden of proof is on tenant. The burden of proof is on the local authority on the standard of pre even. It's in the first year tribunal, if beyond a reasonable doubt that it's still like the criminal standard, as opposed to the civil standard. Local House authorities may find that this is helpful to consult the Crown Prosecution Service code Crown prosecutors always tapas, and this will help you understand that what the evidential stage involved, and also the public interest stage determined to actually you would be able to satisfy that cripple standard are proof in terms of any restrictions you need to be aware of, and ever since it slide for there are a couple of things that I need to bring to your attention. The first is about when ready payment orders are capable of being applied for following the houses. I'm finding out 2016. There are provisions. There is a commencement division, transitional arrangements that's provided for or dissection center to 95 with Housing ACT web. Ari If the offense was either worldly committed before 6017 or the commission of the offence started before sick of April 2017 on ended no re later than for the papal to 18. The provisions in the Housing Act as it will continue to buy and any receipts for my rent to be payment order made under these transitional arrangements should be applied in a course with rent payment orders, supplementary provisions. England Regulations 2000 and seven If the offense was already committed on after six of April 2017 the provisions in the housing and planning up two down 16 will apply on the guidance that government has provided in relation to. This ought to also used this guidance. If you want to make questions do, it is no red paint waters under the housing. I'm coming out 2016 and in that going into it also have a nexus which may prove useful teat total The restriction, don't you to be aware off well, the tenant must have lived in the property in question in preceding 12 months. Honestly event supporters to occurred in that time. As far as the local authorities concerned, they tribunal will only make an order if the land has already been served with a notice and timing proceedings. That notice should allow no less than 28 days in which the landlord has given your opportunity to respond to the local authority explaining effectively deposition vegetable. You can call it like a defense. As I said earlier, the burden is on the applicant standard is beyond a reasonable doubt, but also be cautious that if you are doing with agents, you cannot bring such application gates them. This is confined to dealing with only landlords. So what are the new grounds for seeking already? Payment order? This is It's like a with five. The first is a 30 compliant improvement notice. The second affair to comply the prohibition order Third is breached with running water well using bicycle entry to property and five illegal virtual rattle the occupiers of property. Relevant sections for those are a vertical firing private notice. Section 30 House will be first combined. Provisional resection 34,000. We'll see which were running order made under Section 21 or the house planning up two down 16 using it to buy a used advice for entry to propped on deception six. With a cool or Act 1977 on illegal eviction or harassment Section one of the protection conviction that 1977 It was sort of be borne in mind that the rent payment order can be applied for when the landlord has commits. An offence is not a case of idle you can actually find then. And it doesn't matter whether or not they are convicted of one of their defenses in that list, because you still have enough to understand that there is an effectively an alternative measure that you can take by going down a red paint border and to try on and secure some kind of punishment. Or perhaps deter that I'm not gonna continue to do this again or even give it another example. Darted out there to try and to deny in your pockets and situations way served in improving made over time and yet you had a landlord? He called it bothered to comply. Minute. He's only with Prohibition Order. Why should they get where don't comply? It's another way off. Not, I say, enforcing those. That's another way of punishing them. Having failed to comply, he's but a what time are willing to try and do the right thing. Needing speaking and by the tenants in your constituency, turn into how to calculate, like to repaint orders. This is relatively straightforward, but the first tribunal most border that maximum amount of rent books farmers to be paid on whether or not have been committed, the offense to instrument opponent or applies all the words in that situation. They don't carry insurrection on. But this is regardless of whether or not the local authority or the talents has applied for, actually lessen that amount. I don't know what that is if it has not been convicted. The first to try being a war determining amount to be repaid 1/4 Section 44. The talents was actually fortify local house authorities or the house and plan out two down 16 and in doing so, it is a local is for the 1st 2 tribunal to consider the college of the landlord with badges. Circumstance in little whether it's any time I haven't been convicted of defensive that listed it. But smart, powerful it slide by if handled, has been convicted of any defense to set out in 1/2 point side fly on their entry payment order a part of it to be made available. House Authority. As I said before the first to travel and most required, I don't to pay all the rent paid to landlord Bilos and local house authority to match 12 months providing those conditions in such a gorgeous it's on net. But also the tribunal has a discretion as to how much they can award in the instance of the happy Your Conviction on D Plus. They have taken to countless factors I gave you just before Canon a ready pain or decor apart, full 12 month period of unity to committed over less than 12 Today we're short. I wouldn't know because Repap Red, compared to order only course appeared during which she has committed one of important things to take away from this weapon or something else, if not has been convicted off any of the fences are listed. PowerPoint slide that by on the ready payment order is made bay with the tenant on the first trip, driving must require the mantle to play along the reddit. Page nine, ordered by the turn up to the maximum 12 months rent. Provide the conditions in section 46 that are met. Yes, the, uh, benefits involved. Then it will be the local housing authority to try and work out. And if it doesn't eat them, Who brought the case of Let me paint orders. Teoh, Work out what the calculation should be, how much you get to the tennis, how it should go back to them. I'm sadly, local authorities do not moment, I believe, have access to your credit data. So it will be case of trying to create with the talent to try and secure information. Well, there is a formula that is to be applying. You'll see that set out in your notes on key point. To take away from this is that you have a rent liability. You have the rent allowance, then have a match me that create ward in the Net award and you are. But he you have a rent liability, just a You divide that by maximum university war now times that by the Net award that would give you about retained by the housing authority. And then that is times by the amount to be paid by the tenant, which is the summer off the rent allowance minus, which is some of the amount retained by the House of corrupting Minors. The rent the site Tuttle completes that really is. So. If you do look to the substantive notes, you'll find the calculation there. If the landlord has had the benefit, any income arising off the back of any event pre payment to order the local housing authority can can inquire. So they clearly they have benefited from, uh, the poor conditions in which they might have acted when Clinton. Our predictions, for example, have profited from the case that really goes more to landlords conduct and doesn't necessarily mean that you be able to get hold of any in cold blood. A financial benefit from having committed a defense is a powerful It's life I. But one thing that local authorities must consider when they receive the income fundamentally payment orders, whether it's some or all all of it was subject to you. Whether is has about me, there's credit involved. It must be borne in mind that you are only allowed to use that money received purposes are doing important activities in the private rented sector, rather tonight Now, otherwise it defeats the object of why they decided to introduce and expand rent payment orders in the first instance. So now looking last slide, how do you apply for every payment orders? Well, if you are a tenant, then you simply make an application to the first year tribunal. You do not have to go to quite the same extent that authorities have to do Local authorities, however, you do like to say I have to serve a notice. Intending proceedings is mostly said on the landlord, and they must have known that in 28 days within which to make representations consideration. There are factors, though that's for the local authority must consider when deciding with a not to go down this route. First date has a landlord being convicted. If so, then the activity will have to make the order at maximum beauty play, but they have not been convicted. Then what is it that you want to achieve by going through the red paint water route is a case of punishing you. Thunder is a case of retiring the case of just waiting. Others, perhaps? Or is it really to remove any financial benefits that the Donald may have obtained a result of defense so it can have a real economic impact on the offended by punishing them in this particular way? But also the level of the Trinity might be so hard to deter or the offenders, Or you just have this particular under this particular from ever doing this again. In addition, stuff, it's another way of ensuring that the local authority can monitor and ensure that they are enforcing if you like to fractal route and it also I suppose you could a father to you about it on the London's Hear about from that friend is also a good from residents, Randolph associations and things like that. Then it might be that that will dissuade them from doing the same thing. And also breaching the fence is set out in powerful inside five, and that will make your lives at local guarded hope that after a bit easier if that's the case, and, of course, you will now have the benefits off the Rogue Landel list. Well, of course, in this instance, like, What is these individuals would be added onto if there were to be what we print order made against them. The financial benefit being taken away from the none Lord is also good because it's so that bean them that benefits the local authority benefits. You can t benefits at large because that money is being used for their benefit. Ultimately, you know, showing that there is important in the private rented sector. So there's more money available, like authorities, if they do go down this route not successful in. Ideally, if you have a conviction already, that just makes it a lot easier because the first Chinese handle tied, Um, I suppose also, there is the difficulty of not known and you know, to predict whether not the first tribunal's discretion is going to be a size in such a way that you only get a couple of months with Obrecht repaid or whole departments with French repaid in the absence of a conviction that isn't unfortunately, gamble to take. So in many ways that more of its you have bouts. There have been a breach off the events. Is that her PowerPoint slide by On the the more you have the talent engaging in this goes, the same tenants swell up there, the more you engage in one of its you have. But this those beans were really terrible happened that bridges the events is that creating offense, that PowerPoint slide five means that you've got a better chance. I've been able to we have repaid to you that rent off 12 months or so, especially close to that rather than that, but that is a risk to take. But, as you probably well know with first, her tribunal hearings at its forest cost is concerned a little cause of bringing the case the problems that are applicable, which basically means that yes or no only cost would follow the event if they were in canticle when the first to try the only have to make a applications to court asking for your reason. Expenses on XP's just the issue being so. It's slightly different. So you could say that the cost still falls on, you know he did with potentially, but you come in those applications and I'm not sure sure was. Not the tribunal would be would be strict in that regard. It rather depends on whether not your case was so solid and so water tight that it would just be completely unreasonable Fernando to try and attempt to defend a case. Such is what will bring him so combined. Also, the fact that those heightened standard of proof, even it in the first year tribunal it is incredibly important to try and actually have all the evidence ready Professor Tribunal to consider on disclose it to the opportunity as well. So hopefully that provide you with summary are within that applicable to be payment orders the rights of other issues as well. They are covered in the notes but very briefly does not have a right to appeal. Yes, like with anything from first to tribunal, they can appeal to the upper tribunal That would have cost me permission to peel. In any event, if the landlord just refuse to pay, then you might want to consider going down 1/3 party debt ordinary toe charging off route that that is available to both local authorities and tenants, local authorities may want to. That's an example of the person. You may want to publish information about them about the case, but do could solve the talent. First, who would be affected and also consider your data protection obligations. And of course, your important GDP are provisions as well. So hopefully that is giving you a little bit of a background as to how recompense borders now work. I think it's great news for tenants. I think great news broke authorities. It's another way to line your pockets to hopefully ensure that you can still operate with what's really, really quite tight budgets moment in the private sector. It's also good because it means it will deter people from committing these offences. At least that's about what the hope is on those trying club down on his rope Landlords. It's also good for tenants because it means that you are. You also have an alternative to going through the county court route. Now when you defend yourself in eviction proceedings, Example one Section 21 just observe you said was hit my license. This is an alternative routes in which you could you could turn around and say, Well, actually, I'm going to also take if you're going to take me to call this not even Don't your supposed to do well, I'm going to take the first to travel because you love the one. You're supposed to do it, and I want to have my red bag that I can pay for the past 12 months. Thank you very much. So it's brilliant opportunity. I do encourage local authorities, sometimes to you, today use the user every parent waters. It's not well known at the moment because it just didn't want to be noon. People still confusing to think it's still only available or hate your own Isis breaches. But if you go to booking young, so I do have got helpful. Do you have a clear violation form? Do you have another do? Try not to these questions? If you do, you have the questions off the back of this and do obviously drop data or an email on they will be able to put in touch with me. Andi. I heard that his his help. Thank you for your time