(b)    

after that paragraph insert—

“(1A)    

Paragraph (1) is subject to—

(a)    

regulation 8(3), and

(b)    

section 24 of the Tenant Fees Act 2019.”, and

(c)    

in paragraph (3), after “the Secretary of State” insert “or the lead

enforcement authority (if not the Secretary of State)”.

(7)    

The amendments made by subsection (6) are without prejudice to any

power to make an order or regulations amending or revoking the

regulations mentioned in that subsection.”

Clause 28

Page 20, line 30, after “tenant” insert “or a relevant person in relation to the tenant”

Page 20, line 35, leave out “the tenant” and insert “a relevant person”

Page 20, line 41, leave out “tenant” and insert “relevant person”

Page 21, line 2, leave out “tenant” and insert “relevant person”

Page 21, line 5, leave out “tenant” and insert “relevant person”

Page 21, line 10, leave out “tenant” and insert “relevant person”

Page 21, line 15, leave out “tenant” and insert “relevant person”

Page 21, line 20, leave out “tenant” and insert “relevant person”

Schedule 1

Page 24, line 12, leave out “the amount of six weeks’ rent,” and insert “—

(a)    

the amount of five weeks’ rent, where the annual rent in respect

of the tenancy immediately after its grant, renewal or

continuance is less than £50,000, or

(b)    

the amount of six weeks’ rent, where the annual rent in respect

of the tenancy immediately after its grant, renewal or

continuance is £50,000 or more,”

Page 24, line 14, at end insert—

“( )    

“five weeks’ rent” means five times one week’s rent,”

Page 24, line 20, leave out “A” and insert “Subject to sub-paragraphs (3) to (6), a”

Page 24, line 25, leave out “But if” and insert “If”

Page 24, line 27, leave out “this paragraph” and insert “sub-paragraph (3)”

Page 24, line 29, at end insert—

    “(5)  

A payment of a holding deposit is not a permitted payment if—

(a)    

the landlord or letting agent to whom the deposit was paid has

previously received a holding deposit (“the earlier deposit”) in

relation to the same housing,

(b)    

the landlord or letting agent has not repaid all or part of the

earlier deposit, and

(c)    

none of paragraphs 5 to 11 of Schedule 2 have applied so as to

permit the landlord or letting agent not to repay the earlier

deposit or the part that has not been repaid.

      (6)  

The reference in sub-paragraph (5)(a) to a landlord or letting agent

receiving a holding deposit does not include the landlord or letting agent

doing so before the coming into force of Schedule 2.”

Page 24, line 31, leave out “A” and insert “Subject to sub-paragraphs (3) to (8), a”

Page 24, line 31, after second “a” insert “relevant”

Page 24, line 33, after “paragraph” insert ““relevant”

Page 24, line 33, leave out from “means” to end of line 36 and insert “—

(a)    

the loss of a key to, or other security device giving access to, the

housing to which the tenancy relates, or

(b)    

a failure to make a payment of rent in full before the end of the

period of 14 days beginning with the date (“the due date”) on

which the payment is required to be made in accordance with the

tenancy agreement.”

Page 24, line 37, leave out “But if” and insert “If, in the case of a payment required

to be made to a landlord or letting agent in respect of a relevant default within sub-

paragraph (2)(a),”

Page 25, line 1, at end insert—

    “(4)  

If, in the case of a payment required to be made to a landlord or a letting

agent in respect of a relevant default within sub-paragraph (2)(b), the

amount of the payment exceeds the amount determined in accordance

with sub-paragraph (5), the amount of the excess is a prohibited

payment.

      (5)  

The amount referred to in sub-paragraph (4) is the aggregate of the

amounts found by applying, in relation to each day after the due date for

which the rent remains unpaid, an annual percentage rate of 3% above

the Bank of England base rate to the amount of rent that remains unpaid

at the end of that day.

      (6)  

In sub-paragraph (5) “Bank of England base rate” means—

(a)    

the percentage rate announced from time to time by the

Monetary Policy Committee of the Bank of England as the official

dealing rate, being the rate at which the Bank is willing to enter

into transactions for providing short term liquidity in the money

markets, or

(b)    

where an order under section 19 of the Bank of England Act 1998

is in force, any equivalent percentage rate determined by the

Treasury under that section.

      (7)  

If—

(a)    

a landlord requires a relevant person to make a payment to the

landlord in respect of a relevant default within sub-paragraph

(2)(b), and

(b)    

a letting agent subsequently requires a payment to be made to

the letting agent in respect of the same default,

the payment referred to in paragraph (b) is a prohibited payment.

      (8)  

If—

(a)    

a letting agent requires a relevant person to make a payment to

the letting agent in respect of a relevant default within sub-

paragraph (2)(b), and

(b)    

a landlord subsequently requires a payment to be made to the

landlord in respect of the same default,

the payment referred to in paragraph (b) is a prohibited payment.”

Page 25, line 1, at end insert—

“4A      

A payment of damages for breach of a tenancy agreement or an

agreement between a letting agent and a relevant person is a permitted

payment.”

Page 26, line 14, leave out “paragraph” and insert “Act”

Schedule 2

Page 27, line 7, leave out “before the deadline for agreement” and insert “relating

to the housing”

Page 27, line 10, after “agreement” insert “relating to the housing”

Page 27, line 11, at end insert “relating to the housing”

Page 27, line 13, leave out “The” and insert “If paragraph 3 applies, the”

Page 27, line 17, at end insert—

“4A(1)  

The person who received the holding deposit must repay it if—

(a)    

that person believes that any of paragraphs 7 to 11 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.”

Page 27, line 44, leave out “incorrect” and insert “false”

Page 28, line 1, at beginning insert “Subject to paragraph 12,”

Page 28, line 4, at beginning insert “Subject to paragraph 12,”

Page 28, line 12, at beginning insert “Subject to paragraph 12,”

Page 28, line 19, at end insert—

“12      

Paragraph 9, 10 or 11 does not apply (so that paragraph 3(c) does apply)

if, before the deadline for agreement—

(a)    

the landlord or a letting agent instructed by the landlord in

relation to the proposed tenancy breaches section 1 or 2 by

imposing a requirement under that section on the tenant or a

person who is a relevant person in relation to the tenant, or

(b)    

the landlord or a letting agent instructed by the landlord in

relation to the proposed tenancy behaves towards the tenant, or

a person who is a relevant person in relation to the tenant, in such

a way that it would be unreasonable to expect the tenant to enter

into a tenancy agreement with the landlord.”

In the Title

Line 6, leave out from “agents” to end of line and insert “; to make provision”