Valid from 01/06/2019
Requirement to repay holding depositE+W
3E+WSubject as follows, the person who received the holding deposit must repay it if—
(a)the landlord and the tenant enter into a tenancy agreement relating to the housing,
(b)the landlord decides before the deadline for agreement not to enter into a tenancy agreement relating to the housing, or
(c)the landlord and the tenant fail to enter into a tenancy agreement relating to the housing before the deadline for agreement.
4E+WIf paragraph 3 applies, the deposit must be repaid within the period of 7 days beginning with—
(a)where paragraph 3(a) applies, the date of the tenancy agreement,
(b)where paragraph 3(b) applies, the date on which the landlord decides not to enter into the tenancy agreement, or
(c)where paragraph 3(c) applies, the deadline for agreement.
5(1)The person who received the holding deposit must repay it if—E+W
(a)that person believes that any of paragraphs 8 to 12 applies in relation to the deposit, but
(b)that person does not give the person who paid the deposit a notice in writing within the relevant period explaining why the person who received it intends not to repay it.
(2)In sub-paragraph (1) “the relevant period” means—
(a)where the landlord decides not to enter into a tenancy agreement before the deadline for agreement, the period of 7 days beginning with the date on which the landlord decides not to do so;
(b)where the landlord and tenant fail to enter into a tenancy agreement before the deadline for agreement, the period of 7 days beginning with the deadline for agreement.