Section 215B — Housing Act 2004: Shorthold Assured tenancies: deposit received on or after 6 April 2007

Shorthold Assured tenancies: deposit received on or after 6 April 2007 215B 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 an assured 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 assured 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.