Part 6Other provisions about housing
Chapter 4Tenancy deposit schemes
I1215Sanctions for non-compliance
F41
Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.
1A
Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.
2
F2 Subject to subsection (2A), If section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.
F12A
Subsections (1) F5 , (1A) and (2) do not apply in a case where—
a
the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or
b
an application to F3the county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.
3
If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.
4
In subsection (3) “deposit” has the meaning given by section 213(8).
5
In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).