Part 6Other provisions about housing
Chapter 4Tenancy deposit schemes
215F1Sanctions for non-complianceF1Sanctions for non-compliance
F1F2(1)
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)
F3 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.
F4(2A)
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an application to F6the county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.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).
F1(1)
Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme.
(2)
Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if such requirements of the scheme as fell to be complied with by the landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit.
(3)
Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the requirements of section 213(5) and (6)(a) have been complied with.
(4)
Subsections (1) to (3) do not apply in relation to an order for possession made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988 (whether or not any other grounds for possession are met).
(5)
Subsections (1) to (3) do not apply where—
(a)
the tenancy 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 the county court has been made under section 214(1) and has been determined by that court, withdrawn or settled by agreement between the parties.
(6)
If any deposit given in connection with an assured tenancy could not be lawfully required as a result of section 213(7), the court may not make an order for possession of the dwelling-house let on the assured tenancy until the property in question is returned to the person by whom it was given as a deposit.
(7)
In subsection (6) “deposit” has the meaning given by section 213(8).
(8)
In relation to an assured tenancy that was entered into before the commencement date, subsection (2) is to be read as if the words “on or after 6 April 2007” were inserted after “assured tenancy” in the first place it occurs.
(9)
See also paragraph 11 of Schedule 6 to the Renters’ Rights Act 2025 (disapplication of amendments to this Chapter in relation to a tenancy that immediately before the commencement date was an assured tenancy other than an assured shorthold tenancy).
(10)
In this section—
“assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;
“the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025;
“the court” means a court having jurisdiction to make an order for possession of a dwelling-house let on an assured tenancy (see section 40 of the Housing Act 1988);
“dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988 (see section 45 of that Act).