Commentary on provisions of Act Section 17: Restriction on terminating a tenancy
This section provides that a landlord may not give a section 21 notice in relation to an assured shorthold tenancy if the landlord has previously required a tenant to make a prohibited payment and failed to repay this payment or apply it, with the consent of the tenant or other relevant person, to the rent or the deposit.
	Similarly, a landlord may not give a section 21 notice in relation to an assured shorthold tenancy if the landlord has breached the requirement to repay a holding deposit to a tenant or relevant person and it has not been applied, with the consent of the tenant or other relevant person, to the rent or the deposit. A section 21 notice is defined in subsection (6).