[F15(1)A landlord may not give a notice at a time when—E+W
(a)a prohibited payment (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) has been made in relation to the contract as described in section 2 or 3 of that Act, and
(b)that prohibited payment has not been repaid.
(2)A landlord may not give a notice at a time when—
(a)a holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) paid in relation to the contract has not been repaid, and
(b)the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act.
(3)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)a payment of rent under the contract;
(b)a payment required as security in respect of the contract.]
Textual Amendments
F1Sch. 9A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 2
Commencement Information
I1Sch. 9A para. 5 in force at 1.12.2022 by S.I. 2022/906, art. 2