32 Tenancy deposits: deemed compliance with requirements

32  Tenancy deposits: deemed compliance with requirements

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after section 215 insert—

“215A Statutory periodic tenancies: deposit received before 6 April 2007

(1)     This section applies where—

(a)     before 6 April 2007, a tenancy deposit has been received by a landlord in connection with a fixed term shorthold tenancy,

(b)     on or after that date, a periodic shorthold tenancy is deemed to arise under section 5 of the Housing Act 1988 on the coming to an end of the fixed term tenancy,

(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.

(2)     If, on the commencement date—

(a)     the periodic tenancy is in existence, and

(b)     all or part of the deposit paid in connection with the fixed term tenancy continues to be held in connection with the periodic tenancy,

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