Textual Amendments
F1Arts. 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.
5ZC.—(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—
the performance of any obligations of the tenant arising under or in connection with the tenancy, or
the discharge of any liability of the tenant so arising;
“money” means money in the form of cash or otherwise.
5ZD.—(1) A tenancy deposit in relation to a private tenancy that has not been paid is irrecoverable to the extent that it exceeds the amount of 1 month’s rent payable under the tenancy (and this is so despite anything in any agreement).
(2) Where, in connection with a private tenancy—
(a)a tenancy deposit has been paid or retained (as defined in paragraph (3)), and
(b)at the time of payment or retention, or at any time thereafter, the deposit exceeds the amount of 1 month’s rent payable under the tenancy,
the excess is recoverable by the person who paid it.
(3) For the purposes of paragraph (2), if—
(a)a tenancy deposit is paid (at any time) in connection with a private tenancy (“the first tenancy”),
(b)a private tenancy is granted of that or another dwelling-house (whether to the tenant of the first tenancy or to another person) or (where the first tenancy is a protected tenancy) a statutory tenancy comes into existence, and
(c)on or after the ending of the first tenancy, some or all of the deposit continues to be held in connection with the new tenancy,
the deposit is retained in connection with the new tenancy.
(4) In this Article “1 month’s rent payable under the tenancy” and “tenancy deposit” have the same meaning as in Article 5ZC.]