Contents
Chapter 4 · Tenancy deposit schemes
212Tenancy deposit schemes#
(a)is made for the purpose of safeguarding tenancy deposits paid in connection with shortholdassured tenancies and facilitating the resolution of disputes arising in connection with such deposits, and
(b)complies with the requirements of Schedule 10.
(4)The Secretary of State may—
(a)give financial assistance to the scheme administrator;
(b)make payments to the scheme administrator (otherwise than as financial assistance) in pursuance of arrangements under subsection (1).
(5)The Secretary of State may, in such manner and on such terms as it thinks fit, guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with arrangements under subsection (1).
(6)Arrangements under subsection (1) must require the scheme administrator to give the Secretary of State, in such manner and at such times as it may specify, such information and facilities for obtaining information as it may specify.
(6A)For further provision about what must be included in the arrangements, see section 212A.
(7)The Secretary of State may make regulations conferring or imposing—
(a)on scheme administrators, or
such powers or duties in connection with arrangements under subsection (1) as are so specified.
(8)In this Chapter—
(9)In this Chapter—
212AProvision of information to local authorities#
(1)Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—
(a)to give a local housing authority in England any specified information that they request, or
(b)to provide facilities for the sharing of specified information with a local housing authority in England.
(2)In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.
(3)Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.
(4)Arrangements made by virtue of this section may include supplementary provision, for example about—
(a)the form or manner in which any information is to be provided,
(b)the time or times at which it is to be provided, and
(c)the notification of anyone to whom the information relates.
(5)Information obtained by a local housing authority by virtue of this section may be used only—
(a)for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises,
(aa)for a purpose connected with the exercise of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B,
(ab)for a purpose connected with the authority’s functions under or by virtue of the following in relation to any premises—• sections 1 and 1A of the Protection from Eviction Act 1977,• Chapter 1 of Part 1 of the Housing Act 1988,• section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013,• sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,• Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025,or
(b)for the purpose of investigating whether an offence has been committed under any provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).
(6)Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).
(7)The Secretary of State may by regulations amend the list of purposes in subsection (5).
213Requirements relating to tenancy deposits#
(5)A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—
(b)compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
(c)the operation of provisions of this Chapter in relation to the deposit,
as may be prescribed.
(6)The information required by subsection (5) must be given to the tenant and any relevant person—
(a)in the prescribed form or in a form substantially to the same effect, and
(b)within the period of 30 days beginning with the date on which the deposit is received by the landlord.
(8)In subsection (7) “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—
(a)the performance of any obligations of the tenant, or
(b)the discharge of any liability of his,
arising under or in connection with the tenancy.
(9)The provisions of this section apply despite any agreement to the contrary.
(10)In this section—
214Proceedings relating to tenancy deposits#
(1)Where a tenancy deposit has been paid in connection with a shortholdan assured tenancy on or after 6 April 2007, the tenant or any relevant person (as defined by section 213(10)) may make an application to the county court on the grounds—
(a)that section 213(3) or (6) has not been complied with in relation to the deposit, or
(1A)Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.
(1ZA)In relation to a tenancy that, immediately before the commencement date, was an assured shorthold tenancy, subsection (1) applies as if after “assured tenancy”, in the first place it occurs, there were inserted “on or after 6 April 2007”.
(1ZB)In subsection (1ZA)—• “assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;• “the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025.
(2)Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended and the court—
(a)is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b)is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(2A)Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—
(a)is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b)is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(3)The court must, as it thinks fit, either—
(a)order the person who appears to the court to be holding the deposit to repay it to the applicant, or
within the period of 14 days beginning with the date of the making of the order.
(3A)The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.
(4)The court must note... order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.
(6)In subsection (5) “deposit” has the meaning given by section 213(8).
215Sanctions for non-compliance Sanctions for non-compliance#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
215AStatutory periodic tenancies: deposit received before 6 April 2007#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
215BShorthold Assured tenancies: deposit received on or after 6 April 2007#
(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 shortholdan 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 shortholdassured 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.
215CSections 215A and 215B: transitional provisions#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
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