Sections 31-32 amend sections 213-215 of the Housing Act 2004 and introduce new sections 215A, 215B and 215C. The key changes are as follows:-
Deposits taken before 6th April 2007 in relation to tenancies which became periodic after 6th April 2007 and are still continuing need to be protected in a tenancy deposit scheme and the prescribed information served by 23rd June 2015.
Deposits taken before 6th April 2007 in relation to tenancies which became periodic before 6th April 2007 do not have to be protected but the landlord will not be able to serve a valid section 21 notice until the deposit has been protected and the prescribed information served.
In relation to deposits taken after 6th April 2007 which were properly protected and about which the prescribed information was served during the initial fixed term, the deposit does not have to be re-registered and the prescribed information does not have to be re-served when the tenancy becomes periodic if the deposit remains with the same authorised scheme, and the parties and premises remain the same.
These changes are treated as having had effect since 6th April 2007 but do not have effect in relation to proceedings that have already been settled or determined under section 214 of the Housing Act 2004 or section 21 of the Housing Act 1988 even if those proceedings would have been decided differently as a result of the changes.
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