PART IIOBLIGATIONS OF LANDLORDS AND TENANTS
F1Limit on tenancy deposit amount
Tenancy deposit limit of 1 month’s rent5ZC
1
A person (A) must not—
a
require the payment by another person of a tenancy deposit in connection with a private tenancy, or
b
require that the person to whom a tenancy deposit would otherwise be repaid (B) consent to the retention of a deposit (by A or a third person) in connection with a private tenancy,
that is in excess of the amount of 1 month’s rent payable under the tenancy.
2
For the purposes of paragraph (1)(b), A requires that B consent to the retention of a deposit if—
a
a tenancy deposit is paid (at any time) in connection with a private tenancy (“the first tenancy”),
b
a person proposes to grant, or has granted, a private tenancy of that or another dwelling-house (whether to the tenant of the first tenancy or to another person), and
c
A requires that B consent to some or all of the deposit continuing to be held, on or after the ending of the first tenancy, in connection with the new tenancy.
3
“1 month’s rent payable under the tenancy”, where the rent under a private tenancy is not payable monthly, means—
a
where the rent under the tenancy is payable for periods of whole months, the rent for a period divided by the number of months in the period;
b
where the rent is payable for periods determined otherwise than by reference to whole months, the rent attributable to 1 day’s letting under the tenancy multiplied by 30.
4
A person who contravenes paragraph (1) is guilty of an offence under this Order.
5
Where a person—
a
is convicted of an offence under paragraph (4), and
b
has received or, as the case may be, retained a tenancy deposit in excess of the amount of 1 month’s rent payable under the tenancy,
the court may order the excess to be repaid to the person who paid it.
6
In this Article—
“tenancy deposit”, in relation to a private tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
- a
the performance of any obligations of the tenant arising under or in connection with the tenancy, or
- b
the discharge of any liability of the tenant so arising;
- a
“money” means money in the form of cash or otherwise.
Arts. 5ZC, 5ZD and cross-heading inserted (1.4.2023 with effect in accordance with s. 4(5)) by Private Tenancies Act (Northern Ireland) 2022 (c. 20), ss. 4(2), 14(7); S.R. 2023/20, art. 2, Sch.