Session 2013 - 14
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Other Bills before Parliament




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:




Consideration of Bill


Deregulation Bill, As Amended


Statutory periodic tenancy: payment of deposit


Philip Davies




To move the following Clause:—



The Housing Act 2004 is amended as follows.



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”).



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”).






a tenancy deposit has been received in relation to a shorthold


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



the original tenancy was granted as a fixed term tenancy;



the original tenancy commenced before 6 April 2007;



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                     



Deregulation Bill, continued



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



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.



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.



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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Revised 15 May 2014