PART IIOBLIGATIONS OF LANDLORDS AND TENANTS

F1Limit on tenancy deposit amount

Annotations:
Amendments (Textual)
F1

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.

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—

    1. a

      the performance of any obligations of the tenant arising under or in connection with the tenancy, or

    2. b

      the discharge of any liability of the tenant so arising;

  • money” means money in the form of cash or otherwise.