10 Recovery by enforcement authority of amount paid

10  Recovery by enforcement authority of amount paid

(1)     Subsection (2) applies where an enforcement authority—

(a)     imposes a financial penalty under section 8 on a landlord or letting agent for breaching section 1 or 2,

(b)     is satisfied on the balance of probabilities that the breach resulted in a relevant person making a prohibited payment to a landlord, letting agent or third party, and

(c)     is satisfied on the balance of probabilities that all or part of the prohibited payment has not been repaid to the relevant person.

(2)     The enforcement authority may require the landlord or letting agent to pay to the relevant person—

(a)     if none of the prohibited payment has been repaid to the relevant person, the amount of the prohibited payment;

(b)     if part of the prohibited payment has been repaid to the relevant person, the remaining part of the prohibited payment.

(3)

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