Prohibited and permitted rent

3Prohibited rent

1

The landlord under a regulated lease must not require the tenant to make a payment of a prohibited rent.

2

For the purposes of subsection (1), a landlord requires a tenant to make a payment of a prohibited rent where the landlord, or a person acting on behalf of the landlord, does either or both of the following in relation to the payment—

a

asks the tenant for the payment;

b

having received the payment, fails to refund it to the tenant before the end of the period of 28 days beginning with the day after its receipt.

3

In this section—

a

references to a landlord include a person who has ceased to be a landlord, and

b

references to a tenant include—

i

a person who has ceased to be a tenant;

ii

a person acting on behalf of a tenant;

iii

a person who has guaranteed the payment of rent by a tenant.

4

In this Act “prohibited rent” means any rent, to the extent that it exceeds the permitted rent (see sections 4 to 6).