Deregulation Act 2015

31 Tenancy deposits: non-compliance with requirements

(1) Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is amended as follows.

(2) In section 214 (proceedings relating to tenancy deposits), in subsection (1), after “shorthold tenancy” insert “on or after 6 April 2007”.

(3) In section 215 (sanctions for non-compliance)—

(a) for subsection (1) substitute—

“(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.

(1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.”;

(b) in subsection (2A), after “Subsections (1)” insert “, (1A)”.