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No longer has effect: 06/04/2007
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Housing Act 2004, Paragraph 5 is up to date with all changes known to be in force on or before 09 March 2025. 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.
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Prospective
5(1)This paragraph applies to an insurance scheme.
(2)The scheme must provide that any landlord by whom a tenancy deposit is retained under the scheme must give the scheme administrator an undertaking that, if the scheme administrator directs the landlord to pay him any amount in respect of the deposit in accordance with paragraph 6(3) or (7), the landlord will comply with such a direction.
(3)The scheme must require the scheme administrator to effect, and maintain in force, adequate insurance in respect of failures by landlords by whom tenancy deposits are retained under the scheme to comply with such directions as are mentioned in sub-paragraph (2).
(4)If the scheme provides for landlords participating in the scheme to be members of the scheme, the scheme may provide for a landlord’s membership to be terminated by the scheme administrator in the event of any such failure on the part of the landlord.
(5)The scheme may provide for landlords participating in the scheme to pay to the scheme administrator—
(a)fees in respect of the administration of the scheme, and
(b)contributions in respect of the cost of the insurance referred to in sub-paragraph (3).
Commencement Information
I1Sch. 10 para. 5 wholly in force at 6.4.2007; Sch. 10 para. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 5 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 5 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)
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