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2233

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 14 May 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

2207-2227

 

Consideration of Bill


 

Deregulation Bill, As Amended

 

Statutory periodic tenancy: payment of deposit

 

Philip Davies

 

NC16

 

To move the following Clause:—

 

‘(1)    

The Housing Act 2004 is amended as follows.

 

(2)    

In section 215, paragraph (5), at end insert—

 

“Shorthold tenancy deposit: further requirements

 

215A (1)  

A tenancy deposit shall not be treated as being paid or received in

 

connection with a shorthold tenancy by reason only of the deemed

 

grant of a statutory periodic tenancy pursuant to the provisions of

 

section 5(1) of the Housing Act 1988 (“the 1988 Act”).

 

      (2)  

Subsection (1) shall apply (and shall always be deemed to apply) in

 

respect of any tenancy deposit whenever it was paid or received

 

whether before or after the coming into force of sections 212 to 215 of

 

the Housing Act 2004 (“the 2004 Act”).

 

      (3)  

Where—

 

(a)    

a tenancy deposit has been received in relation to a shorthold

 

tenancy under a tenancy (“the original tenancy”);

 

(b)    

the original tenancy was granted as a fixed term tenancy;

 

(c)    

the original tenancy commenced before 6 April 2007;

 

(d)    

immediately upon the expiry of the fixed term of the original

 

tenancy a statutory periodic tenancy was deemed to be granted

 

pursuant to section 5(1) of the 1988 Act;


 
 

Notices of Amendments: 14 May 2014                     

2234

 

Deregulation Bill, continued

 
 

(e)    

the initial requirements (as defined by section 213(4) of the

 

2004 Act) have not been complied with in respect of that

 

tenancy deposit; and

 

(f)    

no event has occurred on or after 6 April 2007 which would

 

otherwise require that tenancy deposit is to be protected in

 

accordance with an authorised scheme under section 213 of

 

the 2004 Act the provisions of subsection (4) shall apply to

 

that tenancy deposit.

 

      (4)  

The initial requirements under section 213(4) of the 2004 Act and the

 

requirements of section 213(6) of that Act (relating to prescribed

 

information) must be complied with in respect of any tenancy deposit

 

referred to in subsection (3) within 3 months of the date when the

 

provisions of this Act come into force.

 

      (5)  

The expressions “tenancy deposit” and “shorthold tenancy” in this

 

section shall have the same meanings as for the purposes of sections

 

212 to 215 of the 2004 Act.”.’.

 


 
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