Tenant Fees Act 2019

Requirement to repay holding deposit

This section has no associated Explanatory Notes

5(1)The person who received the holding deposit must repay it if—

(a)that person believes that any of paragraphs 8 to 12 applies in relation to the deposit, but

(b)that person does not give the person who paid the deposit a notice in writing within the relevant period explaining why the person who received it intends not to repay it.

(2)In sub-paragraph (1) “the relevant period” means—

(a)where the landlord decides not to enter into a tenancy agreement before the deadline for agreement, the period of 7 days beginning with the date on which the landlord decides not to do so;

(b)where the landlord and tenant fail to enter into a tenancy agreement before the deadline for agreement, the period of 7 days beginning with the deadline for agreement.