[F1SCHEDULE 9AE+WSTANDARD CONTRACTS: RESTRICTIONS ON GIVING NOTICE UNDER SECTION 173, UNDER SECTION 186, AND UNDER A LANDLORD'S BREAK CLAUSE

PART 1E+WTHE RESTRICTIONS

Breach of security and deposit requirementsE+W

4(1)A landlord may not give notice at a time when security required by the landlord in connection with the contract in a form not permitted by section 43 has not been returned to the person by whom it was given.E+W

(2)A landlord may not give a notice at a time when any of sub-paragraphs (3) to (5) apply unless—

(a)a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on the contract-holder's behalf) either in full or with such deduction as may have been agreed, or

(b)an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties.

(3)This sub-paragraph applies if a deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with.

(4)This sub-paragraph applies if a deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b).

(5)This sub-paragraph applies if a deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme.

[F2(6)Sub-paragraph (1) is only incorporated as a term of a contract mentioned in paragraph 7(1) which incorporates section 43.]]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Sch. 9A para. 4 in force at 1.12.2022 by S.I. 2022/906, art. 2