英格蘭租屋短答案

在英格蘭，留位訂金什麼時候必須退還？

Q: 適用範圍在哪裡？

引文 (Tenant Fees Act 2019, Schedule 2, paragraph 1): "This Schedule applies where a holding deposit is paid to a landlord or letting agent in respect of a proposed tenancy of housing in England." VEYLO X 不是律師行，亦不會就個別情況表態。

Q: 什麼是留位訂金？金額是多少？

引文 (Tenant Fees Act 2019, Schedule 1, paragraph 3(2)): "In this Act “holding deposit” means money which is paid by or on behalf of a tenant to a landlord or letting agent before the grant of a tenancy with the intention that it should be dealt with by the landlord or letting agent in accordance with Schedule 2 (treatment of holding deposit)." 引文 (Tenant Fees Act 2019, Schedule 1, paragraph 3(1)): "Subject to sub-paragraphs (3) to (6), a payment of a holding deposit is a permitted payment." 引文 (Tenant Fees Act 2019, Schedule 1, paragraph 3(3)): "If the amount of the holding deposit exceeds one week's rent, the amount of the excess is a prohibited payment." 引文 (Tenant Fees Act 2019, Schedule 1, paragraph 3(4)): "In sub-paragraph (3) “one week's rent” means the amount of the annual rent payable in respect of the tenancy immediately after its grant, renewal or continuance divided by 52." 引文 (Tenant Fees Act 2019, Schedule 1, paragraph 3(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 6 to 12 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." VEYLO X 不是律師行，亦不會就個別情況表態。

Q: 「the deadline for agreement」是什麼意思？

引文 (Tenant Fees Act 2019, Schedule 2, paragraph 2(1)): "In this Schedule “the deadline for agreement” means the fifteenth day of the period beginning with the day on which the landlord or letting agent receives the holding deposit." 引文 (Tenant Fees Act 2019, Schedule 2, paragraph 2(2)): "But the landlord or the letting agent may agree with the tenant in writing that a different day is to be the deadline for agreement for the purposes of this Schedule." VEYLO X 不是律師行，亦不會就個別情況表態。

Q: 什麼情況下必須退還，限期是多久？

引文 (Tenant Fees Act 2019, Schedule 2, paragraph 3): "Subject 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." 引文 (Tenant Fees Act 2019, Schedule 2, paragraph 4): "If 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." 本題的答案在以下各節繼續。 VEYLO X 不是律師行，亦不會就個別情況表態。

Q: 若屬於上述情況，是否就此定案？

引文 (Tenant Fees Act 2019, Schedule 2, paragraph 13): "Paragraph 10, 11 or 12 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." 引文 (Tenant Fees Act 2019, Schedule 2, paragraph 5(1)): "The person who received the holding deposit must repay it if— (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." 引文 (Tenant Fees Act 2019, Schedule 2, paragraph 5(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." VEYLO X 不是律師行，亦不會就個別情況表態。

Q: 訂金可以抵作首期租金或按金嗎？

引文 (Tenant Fees Act 2019, Schedule 2, paragraph 6): "Paragraph 3(a) does not apply if or to the extent that the amount of the deposit is applied, with the consent of the person by whom it was paid— (a) towards the first payment of rent under the tenancy, or (b) towards the payment of the tenancy deposit in respect of the tenancy." 引文 (Tenant Fees Act 2019, section 15(6)): "Subsection (3) does not apply in relation to a prohibited payment or holding deposit if or to the extent that, with the consent of the relevant person— (a) the prohibited payment or holding deposit, or the remaining part of it, has been applied towards a payment of rent under the tenancy, or (b) the prohibited payment or holding deposit, or the remaining part of it, has been applied towards the tenancy deposit in respect of the tenancy." 本頁並不涵蓋按金保障。 VEYLO X 不是律師行，亦不會就個別情況表態。

Q: 若始終未能取回款項，可以怎樣？

引文 (Tenant Fees Act 2019, section 15(2)): "Subsection (3) also applies where— (a) a landlord or letting agent breaches Schedule 2 in relation to a holding deposit paid by a relevant person, and (b) all or part of the holding deposit has not been repaid to the relevant person." 引文 (Tenant Fees Act 2019, section 15(3)): "The relevant person may make an application to the First-tier Tribunal for the recovery from the landlord or letting agent of— (a) if none of the prohibited payment or holding deposit has been repaid to the relevant person, the amount of the prohibited payment or holding deposit; (b) if part of the prohibited payment or holding deposit has been repaid to the relevant person, the remaining part of the prohibited payment or holding deposit." 引文 (Tenant Fees Act 2019, section 15(7)): "Subsection (3) or (5) does not apply where an enforcement authority has commenced criminal proceedings against the landlord or the letting agent for the same breach." 引文 (Tenant Fees Act 2019, section 15(8)): "Subsection (3) or (5) does not apply where an enforcement authority has required the landlord or letting agent to pay to the relevant person all or part of the amount or (as the case may be) the aggregate amount referred to in that subsection." 引文 (Tenant Fees Act 2019, section 15(9)): "On an application under subsection (3) or (5), the First-tier Tribunal may order the landlord or the letting agent to pay all or any part of the amount or (as the case may be) the aggregate amount referred to in that subsection to the relevant person within the period specified in the order." VEYLO X 不是律師行，亦不會就個別情況表態。

短答案 · 資料截至 2026 年 9 月 4 日 · 最後核對 2026 年 10 月 2 日

以下為官方原文（英文），逐字引錄，每一段均附有官方出處連結。我們不作翻譯，亦不作撮要，因為撮要屬於我們的措辭，而我們的措辭並無官方效力。以下問題以中文列出，答案為原文引錄。

適用範圍在哪裡？

什麼是留位訂金？金額是多少？

「the deadline for agreement」是什麼意思？

什麼情況下必須退還，限期是多久？

本題的答案在以下各節繼續。

什麼情況下不必退還？

若屬於上述情況，是否就此定案？

訂金可以抵作首期租金或按金嗎？

本頁並不涵蓋按金保障。

若始終未能取回款項，可以怎樣？

何處尋求協助

Citizens Advice 與 Shelter 就個別情況提供免費協助。政府指引載於 GOV.UK。

本頁的性質

VEYLO X 是一個軟件平台，供人在英格蘭租屋及放租之用。平台現時尚未開放。我們並非閣下租約的一方，不會代任何一方作決定，不是律師行，亦不會就閣下的情況表態。本頁不能取代諮詢專業顧問。資料截至 2026 年 9 月 3 日。

出處

以上為在英格蘭租屋的一般資訊，並非法律意見。可向 Citizens Advice 及 Shelter 尋求免費協助。