SCHEDULE 2 Treatment of Holding Deposit

SCHEDULE 2 Treatment of Holding Deposit

Section 5

Application

1

This Schedule applies where a holding deposit is paid to a landlord or letting agent in respect of a proposed tenancy of housing in England.

Interpretation

2

(1)     In this Schedule “the deadline for agreement†means the fifteenth day of the period beginning with the day on which the landlord or letting agent receives the holding deposit.

(2)     But the landlord or the letting agent may agree with the tenant in writing that a different day is to be the deadline for agreement for the purposes of this Schedule.

Requirement to repay holding deposit

3

Subject as follows, the person who received the holding deposit must repay it if—

(a)     the landlord and the tenant enter into a tenancy agreement relating to the housing,

(b)     the landlord decides before the deadline for agreement not to enter into a tenancy agreement relating to the housing, or

(c)     the landlord and the tenant fail to enter into a tenancy agreement relating to the housing before the deadline for agreement.

4

If paragraph 3 applies, the deposit must be repaid within the period of 7 days beginning with—

(a)

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