Legislation – Deregulation Act 2015
Changes to legislation:
Deregulation Act 2015, Section 40 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 40:
- s. 33–41 omitted by 2025 c. 26 Sch. 2 para. 73(b)
- s. 110A inserted by 2016 c. 12 s. 16(1)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 110A inserted by 2016 c. 12 s. 16(1)
Housing and development
40Repayment of rent where tenancy ends before end of a period
“21CRepayment of rent where tenancy ends before end of a period
(1)
A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—
(a)
as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,
(b)
the tenant has paid rent in advance for that period, and
(c)
the tenant was not in occupation of the dwelling-house for one or more whole days of that period.
(2)
The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—
where—
R is the rent paid for the final period;
D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and
P is the number of whole days in that period.
(3)
If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.
(4)
Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.”