Moved by
Lord Wallace of Saltaire
25: Clause 31, page 25, line 7, leave out “and”
26: Clause 31, page 25, line 10, at end insert—
“(c) on the coming to an end of the fixed term tenancy, all or part of the deposit paid in connection with the fixed term tenancy is held in connection with the periodic tenancy, and
(d) the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy.”
27: Clause 31, page 25, line 39, leave out “respect of” and insert “relation to”
28: Clause 31, page 25, line 41, leave out from “section” to end of line 43 and insert ““the commencement date” means the date on which the Deregulation Act 2014 is passed.”
29: Clause 31, page 25, line 44, leave out from beginning to end of line 2 on page 27 and insert—
“215BA Shorthold tenancies: deposit received on or after 6 April 2007
(1) This section applies where—
(a) on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shorthold tenancy (“the original tenancy”),
(b) the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period),
(c) the requirements of section 213(5) and (6)(a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)),
(d) a new shorthold tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly),
(e) the new tenancy replaces the original tenancy (directly or indirectly), and
(f) when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit.
(2) In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit.
(3) The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007).
(4) For the purposes of this section, a tenancy replaces an earlier tenancy if—
(a) the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and
(b) the premises let under both tenancies are the same or substantially the same.”
30: Clause 31, page 27, line 3, leave out “to 215C” and insert “and 215BA”
31: Clause 31, page 27, line 4, leave out “to 215C” and insert “and 215BA”
32: Clause 31, page 27, line 6, leave out “to 215C” and insert “and 215BA”
33: Clause 31, page 27, line 18, leave out “, 215B(2) or section 215C(2)” and insert “or 215BA(2)”
34: Clause 31, page 27, line 28, leave out “, 215B(2) or 215C(2)” and insert “or 215BA(2)”
35: Clause 31, page 28, line 1, at end insert—
“(8) In this section “the commencement date” means the date on which the Deregulation Act 2014 is passed.”