{
  "url": "https://openlegislation.uk/tenant-fees-act-2019/schedule-1/paragraph-3",
  "json_url": "https://openlegislation.uk/tenant-fees-act-2019/schedule-1/paragraph-3.json",
  "legislation": "ukpga/2019/4",
  "legislation_title": "Tenant Fees Act 2019",
  "legislation_url": "https://openlegislation.uk/tenant-fees-act-2019",
  "path": "schedule/1/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) Subject to sub-paragraphs (3) to (6), a payment of a holding deposit is a permitted payment.\n(2) In this Act “holding deposit” means money which is paid by or on behalf of a tenant to a landlord or letting agent before the grant of a tenancy with the intention that it should be dealt with by the landlord or letting agent in accordance with Schedule 2 (treatment of holding deposit).\n(3) If the amount of the holding deposit exceeds one week's rent, the amount of the excess is a prohibited payment.\n(4) In sub-paragraph (3) “one week's rent” means the amount of the annual rent payable in respect of the tenancy immediately after its grant, renewal or continuance divided by 52.\n(5) A payment of a holding deposit is not a permitted payment if—\n(a) the landlord or letting agent to whom the deposit was paid has previously received a holding deposit (“the earlier deposit”) in relation to the same housing,\n(b) the landlord or letting agent has not repaid all or part of the earlier deposit, and\n(c) none of paragraphs 6 to 12 of Schedule 2 have applied so as to permit the landlord or letting agent not to repay the earlier deposit or the part that has not been repaid.\n(6) The reference in sub-paragraph (5)(a) to a landlord or letting agent receiving a holding deposit does not include the landlord or letting agent doing so before the coming into force of Schedule 2.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 3 in force at 1.6.2019 by S.I. 2019/857, reg. 3(z)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2019/4/schedule/1/paragraph/3",
    "retrieved_at": "2026-10-29T09:04:24.931982+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}