Paragraph 5 I1F1
England and Wales
A landlord may not give a notice at a time when—
a prohibited payment (within the meaning of the F2Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019) has been made in relation to the contract as described in section 2 or 3 of that Act, and
that prohibited payment has not been repaid.
A landlord may not give a notice at a time when—
a holding deposit (within the meaning of the F3Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019) paid in relation to the contract has not been repaid, and
the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act.
In determining for the purposes of this paragraph whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following—
a payment of rent under the contract;
a payment required as security in respect of the contract.
Annotations
Textual amendments
- F1
Sch. 9A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 2
- F2
Words in Sch. 9A para. 5(1)(a) substituted (1.6.2026) by Renters’ Rights Act 2025 (c. 26), ss. 45(4)(b)(ii), 145(3) (with s. 138); W.S.I. 2026/6, art. 2(c)
- F3
Words in Sch. 9A para. 5(2)(a) substituted (1.6.2026) by Renters’ Rights Act 2025 (c. 26), ss. 45(4)(b)(iii), 145(3) (with s. 138); W.S.I. 2026/6, art. 2(c)
Commencement
- I1
Sch. 9A para. 5 in force at 1.12.2022 by S.I. 2022/906, art. 2
Notes on Prohibited payments and holding deposits under the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 (anaw 2)
Textual amendments
- F2
Words in Sch. 9A para. 5 cross-heading substituted (1.6.2026) by Renters’ Rights Act 2025 (c. 26), ss. 45(4)(b)(i), 145(3) (with s. 138); W.S.I. 2026/6, art. 2(c)