Residential Tenancies (Amendment) Act 2015
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New sections 148A to 148Q inserted into Principal Act | ||
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64. The Principal Act is amended by inserting the following sections after section 148: | ||
“Obligation of parties in relation to return of deposit | ||
148A. Without prejudice to sections 12(1)(d)(ii), 16(o), 148F(2) and 148I(3), for the purpose of the performance of the Board of its functions relating to the return of a deposit referred to in section 12(1)(d), a landlord and a tenant shall respond to a notification of the Board in respect of such return within the prescribed period that is specified, in regulations, for the notification concerned. | ||
Return of deposit by Board | ||
148B. The Board shall return a deposit transmitted to it by the landlord pursuant to section 134(3A), to one or, as the case may be, both parties— | ||
(a) pursuant to an agreement between the parties, in respect of which an application is made under section 148C, as to such return or, as the case may be, pursuant to section 148G or 148J, | ||
(b) where one or both parties have referred a dispute to the Board in respect of the return of the deposit and the Board has, under section 121, prepared and issued a determination order, such return shall be made— | ||
(i) in accordance with the determination order concerned and, in the case of a determination order referred to in section 123(1), as soon as practicable after the determination order is issued to, and becomes binding on, the parties in accordance with section 123(1) or such other period as may be specified in the determination order, | ||
(ii) in accordance with the determination order concerned and, in the case of a determination order referred to in section 123(2), as soon as practicable after the expiry of the relevant period (within the meaning of section 123(8)), or such other period as may be specified in the determination order, | ||
(iii) where the determination order is appealed under section 123(3), in accordance with the final determination of those proceedings and as soon as practicable after such final determination or such other period as may be specified in the determination order or such final determination, or | ||
(iv) where an application is made under section 124 in respect of the determination order before the deposit is paid, in accordance with the final determination of those proceedings and as soon as practicable after such final determination, | ||
or | ||
(c) in accordance with section 148L. | ||
Agreement between the parties on the return of deposit | ||
148C. (1) Where the landlord and tenant are in agreement in respect of the manner in which the deposit referred to in section 12(1)(d) is to be returned by the Board, an application may be made to the Board by both parties (in this Act referred to as a ‘joint agreed application’) in respect of the return of the deposit to one or both of the parties. | ||
(2) A joint agreed application shall be made on, or as soon as practicable after, the end of the tenancy. | ||
(3) A joint agreed application under this section shall include— | ||
(a) the reference number, referred to in section 135(3), used by the Board for the tenancy concerned, | ||
(b) the date on which the tenancy ended, | ||
(c) a statement that the landlord and the tenant have agreed the manner in which the deposit is to be returned to one or both of the parties, | ||
(d) having regard to the conditions referred to in section 12(4), a statement that— | ||
(i) all of the deposit is to be returned to the tenant, | ||
(ii) all of the deposit is to be returned to the landlord, or | ||
(iii) the whole amount of the deposit is not to be returned to the tenant or the landlord and specifying the amount that is to be returned to each party, | ||
(e) the address of the dwelling, and | ||
(f) the address for correspondence, after the tenancy has ended, of the landlord and the tenant if the address has not been provided to the Board as required under section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii). | ||
(4) A joint agreed application shall be made in the prescribed form and each party shall state their agreement to the return of the deposit in the manner specified in the joint agreed application. | ||
(5) A joint agreed application under this section shall be sent to the Board by the landlord. | ||
(6) The Minister may make regulations under this section for the making of a joint agreed application and provision may be made for the making of the application by electronic means. | ||
Return by Board of deposit where joint agreed application made under section 148C | ||
148D. (1) Where the Board has received a joint agreed application under section 148C for the return of the deposit referred to in section 12(1)(d), it shall, as soon as practicable— | ||
(a) acknowledge receipt of the joint agreed application to each party, and | ||
(b) return the deposit in accordance with the manner specified in the joint agreed application pursuant to section 148C(3)(d), unless one of the parties notifies the Board, in writing, within the prescribed period, that there is no agreement between the parties in respect of the manner in which all or part of the deposit is to be returned to one or both of them. | ||
(2) Where the address provided for the landlord or tenant in the joint agreed application is different to the address furnished to the Board pursuant to— | ||
(a) section 12(1)(d)(ii)(III), in the case of the landlord or, as the case may be, the address for correspondence furnished to the Board pursuant to section 136, or | ||
(b) section 16(o)(iii), in the case of the tenant, | ||
the Board shall notify the parties accordingly and require confirmation of the correct address for correspondence in respect of the return of the deposit. | ||
(3) Where the Board does not receive a notification referred to in paragraph (b) of subsection (1) within the prescribed period, the Board shall, as soon as practicable, return the deposit in accordance with the joint agreed application. | ||
(4) Where the landlord or the tenant notifies the Board of the matter specified in subsection (1)(b), the Board shall notify the parties, in writing, that— | ||
(a) as there is no agreement between the parties in respect of the return by the Board of the deposit referred to in section 12(1)(d), and | ||
(b) as the Board is required under section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with section 148B, | ||
it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6. | ||
Application for return of deposit where no agreement between the parties | ||
148E. (1) Where a landlord and tenant do not agree on the return, by the Board, of a deposit to one or both of them, the landlord or the tenant may apply to the Board in respect of such return to one or both of them on, or as soon as practicable after, the end of the tenancy. | ||
(2) An application under this section shall include— | ||
(a) the reference number, referred to in section 135(3), used by the Board for the tenancy concerned, | ||
(b) the date on which the tenancy ended, | ||
(c) a statement that the parties are not in agreement in respect of the return of the deposit to one or both of them, | ||
(d) a statement that— | ||
(i) all of the deposit is to be returned to the tenant, | ||
(ii) all of the deposit is to be returned to the landlord, or | ||
(iii) the whole amount of the deposit is not to be returned to the tenant or the landlord and specifying the amount that is to be returned to each party, | ||
(e) the address of the dwelling, | ||
(f) confirmation that the applicant has complied with the obligation under section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii), | ||
(g) if the application is made by the landlord, a statement as to whether he or she has— | ||
(i) made the notification referred to in section 12(1)(d)(ii)(IV) to the Board, and | ||
(ii) complied, where the notification was made, with section 12(6), | ||
and | ||
(h) if the application is made by the tenant, a statement— | ||
(i) as to whether he or she has received a copy of the notification referred to in section 12(1)(d)(ii)(IV), | ||
(ii) as to whether he or she agrees with the matters specified in that notification, and | ||
(iii) as to whether the statement referred to in paragraph (d) incorporates the matters specified in that notification. | ||
(3) Where the Board receives an application under this section from each party in respect of the same tenancy, the Board shall consider each such application together. | ||
(4) An application under this section shall be made on notice to the other party to the tenancy. | ||
(5) An application under this section shall be made in the prescribed form. | ||
(6) Without prejudice to paragraph (h) of subsection (2), where— | ||
(a) a tenant makes an application under section 148E, | ||
(b) the tenant has received a copy of the notification referred to in section 12(1)(d)(ii)(IV), | ||
(c) the tenant does not agree with the matters specified in the notification, and | ||
(d) the tenant has not incorporated all or any of the matters specified in that notification in the statement referred to in paragraph (d) of subsection (2), | ||
the Board shall notify the parties that— | ||
(i) as, pursuant to the statement referred to in paragraph (d) and the notification referred to in paragraph (b), there is no agreement between the parties in relation to the matters specified in the notification, and | ||
(ii) as the Board is required under paragraph (b) of section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with that section, | ||
it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6. | ||
(7) The Minister may make regulations under this section for the making of an application under this section and provision may be made for the making of the application by electronic means. | ||
Notification by Board of application for return of deposit where no agreement between the parties | ||
148F. (1) On receipt of an application under section 148E, the Board shall— | ||
(a) acknowledge receipt of the application on notice to the party who did not make the application, | ||
(b) notify the party who did not make the application— | ||
(i) that an application has been made under section 148E for the return of the deposit, | ||
(ii) of the statement referred to in section 148E(2)(d), and | ||
(iii) if the application was made— | ||
(I) by the landlord, whether the landlord has provided the notification to the Board under section 12(1)(d)(ii)(IV) and whether the notification has specified a default referred to in section 12(4), or | ||
(II) by the tenant, whether he or she has received a copy of the notification and whether he or she agrees with the matters specified in it and has taken it into account in the statement referred to in subparagraph (ii), | ||
(c) request the party who did not make the application concerned to notify the Board, in writing and within the prescribed period, if he or she— | ||
(i) agrees with the return of the deposit as set out in the application concerned (in this Act referred to as a ‘statement of agreement’), or | ||
(ii) does not agree with the return of the deposit as set out in the application concerned (in this Act referred to as a ‘statement of disagreement’), | ||
(d) notify the party who did not make the application— | ||
(i) of the requirements for return of the deposit under section 148B, and | ||
(ii) that it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6, | ||
(e) inform the party who did not make the application of the right of referral to the Board for resolution under Part 6 of a dispute between the parties in respect of the return of the deposit, | ||
(f) request the party who did not make the application to notify the Board that if he or she does not agree with the return of the deposit whether he or she proposes to refer, or has referred, the disagreement on such return to the Board for resolution under Part 6, | ||
(g) inform the party who did not make the application that where he or she does not respond, within the prescribed period, to the Board with the information requested under paragraph (c), the return of the deposit shall be made in accordance with section 148L, and | ||
(h) inform the party who did not make the application of the obligations on the parties under sections 12(1)(d)(ii)(III) and 16(o)(iii) to provide the Board with his or her address for correspondence when the tenancy has ended and of the obligations of the parties under section 148A and subsection (2). | ||
(2) Without prejudice to section 148A, the party who did not make the application under section 148E and to whom the notification in subsection (1) is sent, shall send the statement of agreement or, as the case may be, the statement of disagreement to the Board within the prescribed period. | ||
(3) Where the party who did not make the application under section 148E proposes to refer, or has referred, the disagreement referred to in paragraph (f) of subsection (1), to the Board for resolution under Part 6, he or she shall, within the prescribed period, notify the Board accordingly and such notification shall be made in writing in the prescribed form. | ||
Return of deposit where statement of agreement under section 148F received | ||
148G. (1) Where the party who did not make the application under section 148E, and to whom a notification under section 148F(1) was made, sends the Board a statement of agreement, the Board shall— | ||
(a) acknowledge receipt of the statement of agreement on notice to the party who made the application under section 148E, and | ||
(b) return the deposit in accordance with the application under section 148E as soon as practicable. | ||
(2) A statement of agreement shall be in writing and in the prescribed form. | ||
Notification to parties of statement of disagreement under section 148F | ||
148H. (1) Where the party who did not make the application under section 148E, and to whom a notification under section 148F was made, provides the Board with a statement of disagreement, the Board shall— | ||
(a) acknowledge receipt of the statement of disagreement on notice to the party who made the application under section 148E, and | ||
(b) notify both parties that— | ||
(i) as, pursuant to the statement of disagreement by the party who did not make the application under section 148E, there is no agreement between the parties in respect of the return by the Board of the deposit referred to in section 12(1)(d), and | ||
(ii) as the Board is required under paragraph (b) of section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with that section, | ||
it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6. | ||
(2) A statement of disagreement shall be in writing and be made in the prescribed form. | ||
(3) The notification under subsection (1)(b) shall be in the prescribed form. | ||
(4) Following the notification under subsection (1)(b) — | ||
(a) where the parties subsequently agree on the amount of the deposit to be returned to one or both of them, the parties may make a joint agreed application under section 148C in respect of that deposit, or | ||
(b) either of the parties may, subsequent to that notification, make an application under section 148E (in this section referred to as a ‘revised application’) and nothing in this Act shall be construed as preventing the party who did not make the revised application from providing a statement of agreement in respect of that revised application. | ||
(5) Where the parties make a joint agreed application pursuant to subsection (4)(a), the parties shall notify the Board that the joint agreed application replaces the first application made under section 148E. | ||
Notification by Board where no statement of agreement, or disagreement, received within prescribed period | ||
148I. (1) Where the Board does not receive, pursuant to section 148F, a statement of agreement or, as the case may be, a statement of disagreement within the prescribed period, the Board shall— | ||
(a) notify the party who did not make the application under section 148E that the Board has not received, within the prescribed period, a statement of agreement or, as the case may be, a statement of disagreement as required under section 148F(2), | ||
(b) request the party referred to in paragraph (a) to provide the Board, within the prescribed period, with— | ||
(i) a statement of agreement or, as the case may be, the statement of disagreement as required under section 148F(2), and | ||
(ii) a notification specified in subsection (2), if a statement of disagreement is provided to the Board pursuant to subparagraph (i), | ||
(c) notify the party referred to in paragraph (a) of the return of the deposit by the Board in accordance with section 148L if— | ||
(i) the notification referred to in subparagraph (i) of paragraph (b) is not provided to the Board within the period prescribed for the purposes of that paragraph, | ||
(ii) a notification referred to in subparagraph (ii) of paragraph (b), that is required under that subparagraph to be provided to the Board, is not provided to the Board within the period prescribed for the purposes of that paragraph, and | ||
(iii) the Board is satisfied of the matters specified in subsection (1) of section 148L, | ||
and | ||
(d) notify the party referred to in paragraph (a) of the obligation of the landlord under section 12(1)(d)(ii) and the tenant under section 16(o), the obligations on the parties under section 148A, the obligation under section 148F(2) and of the obligation under subsection (3). | ||
(2) Where a statement of disagreement is provided to the Board pursuant to subsection (1), it shall be accompanied by a notification, in writing, to the Board stating whether the party to whom the notification under subsection (1) was sent— | ||
(a) has made an application under section 148E in respect of the deposit concerned, or | ||
(b) has referred a dispute to the Board, for resolution under Part 6, in relation to the deposit concerned. | ||
(3) Without prejudice to section 148A, the party to whom the request referred to in paragraph (b) of subsection (1) is made shall provide the Board, within the prescribed period, with— | ||
(a) the statement of agreement or, as the case may be, the statement of disagreement, and | ||
(b) where a notification specified in subparagraph (ii) of that paragraph is required to be provided to the Board, shall provide the Board with that notification. | ||
(4) Where, pursuant to a notification under subsection (1), the Board does not, within the prescribed period, receive— | ||
(a) a statement of agreement or, as the case may be, a statement of disagreement, and | ||
(b) a notification referred to in subparagraph (ii) of paragraph (b) of subsection (1) where such notification is required to be provided to the Board under that subparagraph, | ||
the Board shall request the party who made the application under section 148E to make a statutory declaration which shall include a declaration as to the matters specified in subsection (5). | ||
(5) A statutory declaration referred to in subsection (5) shall include a declaration— | ||
(a) that the person making the declaration— | ||
(i) has not participated with the other party to make a joint agreed application under section 148C in respect of the return of the deposit concerned, | ||
(ii) has not made a new application (including a revised application referred to in section 148K) under section 148E in respect of the deposit concerned, | ||
(iii) has not, pursuant to the failure, by the other party, to comply with subsection (3) or section 148F(2), referred a dispute to the Board for resolution under Part 6, other than a dispute under subsection (6), in relation to the return of the deposit, and | ||
(iv) has not received a notification from the Board, pursuant to Part 6, that an application has been made to it pursuant to section 76 in respect of the return of the deposit or any matter relating to the return of the deposit, | ||
(b) that, in respect of the return, by the Board, of the deposit— | ||
(i) the deposit be returned to the tenant, | ||
(ii) the deposit be returned to the landlord, or | ||
(iii) if the whole amount of the deposit is not to be returned to the tenant or the landlord, the amount of the deposit that is to be returned to each party, | ||
(c) of the grounds on which he or she is relying for the return of the deposit and where an amount of the deposit is to be returned to him or her, as specified in accordance with paragraph (b)(iii), the grounds on which that amount is calculated, | ||
(d) if he or she is the tenant, that— | ||
(i) he or she has not, received a notification under section 12(6) of a default referred to in section 12(4), and | ||
(ii) to the best of his or her knowledge, there has, or has not, been a default referred to in section 12(4), and if there has been such default that it has been addressed in the declaration pursuant to the requirements of paragraphs (b) and (c), | ||
and | ||
(e) if he or she is the landlord, that— | ||
(i) he or she has complied with sections 12(1)(d)(ii)(IV) and 12(6), and | ||
(ii) there has been a default referred to in section 12(4), and it has been addressed in the declaration pursuant to the requirements of paragraphs (b) and (c). | ||
(6) Any loss accruing to the party who made the application under section 148E by reason of delay in the return of the deposit that arises from either or both of the following may be the subject of a complaint to the Board under Part 6: | ||
(a) the failure of the other party to provide the Board with a notification of agreement or disagreement under section 148F and subsection (3) (or either of them) within the prescribed period; | ||
(b) the failure of the other party to comply with section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii). | ||
(7) A notification and request under subsection (1) shall be made in the prescribed form. | ||
(8) The Board shall send the party who made the application under section 148E a copy of a notification under subsection (1). | ||
(9) The party referred to in subsection (1)(b) shall notify the party who made the application under section 148E that he or she has sent to the Board— | ||
(a) the statement of agreement, or | ||
(b) the statement of disagreement and a notification required under subsection (2), | ||
within the prescribed period. | ||
(10) Where— | ||
(a) the application under section 148E is made by a tenant, | ||
(b) the landlord has failed to comply with subsection (3), | ||
(c) the landlord has made the notification to the Board in accordance with section 12(1)(d)(ii)(IV), and | ||
(d) the tenant has not received the copy of the notification referred to in section 12(6), | ||
the Board shall notify the parties, in writing, that— | ||
(i) having regard to the making to the Board of the notification referred to in paragraph (c) and the absence of the notification referred to in paragraph (d), the matter of the default concerned requires to be addressed, and | ||
(ii) having regard to section 148B(b), it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6. | ||
Return of deposit where statement of agreement under section 148I received | ||
148J. (1) Where, pursuant to the notification under section 148I(1), the Board receives a statement of agreement, the Board shall— | ||
(a) acknowledge receipt of the statement of agreement on notice to the party who made the application under section 148E, and | ||
(b) return the deposit in accordance with the application under section 148E as soon as practicable. | ||
(2) A statement of agreement shall be in writing and be made in the prescribed form. | ||
Notification to parties of statement of disagreement under section 148I | ||
148K. (1) Where, pursuant to the notification under section 148I(1), the party concerned provides the Board with a statement of disagreement, the Board shall— | ||
(a) acknowledge receipt of the statement of disagreement on notice to the party who made the application under section 148E, and | ||
(b) notify both parties, in writing, of the matters specified in paragraph (b) of section 148H(1). | ||
(2) Following the notification under subsection (1)(b) — | ||
(a) where the parties subsequently agree on the amount of the deposit to be returned to one or both of them, the parties may make a joint agreed application under section 148C in respect of that deposit, or | ||
(b) either of the parties may, subsequent to that notification, make a revised application and nothing in this Act shall be construed as preventing the party who did not make the revised application from providing a statement of agreement in respect of that revised application, | ||
and section 148H(5) shall apply to the joint agreed application referred to in paragraph (a). | ||
(3) A notification under subsection (1)(b) shall be in writing and be made in the prescribed form. | ||
(4) In this section ‘revised application’ has the meaning assigned to it in section 148H. | ||
Return of deposit where no notification of agreement or disagreement made | ||
148L. (1) Where— | ||
(a) pursuant to a notification under section 148I(1), the Board does not, within the prescribed period, receive— | ||
(i) a statement of agreement or, as the case may be, a statement of disagreement, and | ||
(ii) a notification referred to in subparagraph (ii) of paragraph (b) of subsection (1) of that section where such notification is required to be provided to the Board under that subparagraph, | ||
(b) the Board has received a statutory declaration referred to in section 148I(5), | ||
(c) the Board has satisfied itself, having regard to the statutory declaration referred to in section 148I(5) that the party who made the application under section 148E— | ||
(i) has not made a joint agreed application under section 148C in respect of the return of the deposit concerned, | ||
(ii) has not made a new application (including a revised application referred to in section 148H) under section 148E in relation to the return of the deposit concerned, | ||
(iii) has not referred a dispute to the Board for resolution under Part 6 in relation to the return of the deposit other than a dispute referred to in section 148I(6), and | ||
(iv) has not received a notification from the Board, pursuant to its functions under Part 6, that an application has been made to it under section 76 in respect of the return of the deposit or any matter relating to the return of the deposit, | ||
(d) the Board is satisfied that, having regard to the statutory declaration referred to in section 148I(5), all the matters that are required, under section 148I(5), to be declared, have been declared, | ||
(e) the Board has satisfied itself that no other application for the return of the deposit concerned has been made in respect of the tenancy concerned having regard to the reference number assigned to the tenancy in accordance with section 135(3), | ||
(f) the Board has satisfied itself that no dispute has been referred to the Board under Part 6 in respect of the tenancy concerned and where a dispute was referred to the Board, that it did not concern the return of the deposit, and | ||
(g) the Board has satisfied itself that the other party has been notified of the application at the address provided by him or her in accordance with section 12(1)(d)(ii)(II) or 16(o)(iii), | ||
the Board shall, subject to subsection (2), return the deposit referred to in section 12(1)(d) to the party who made the application under section 148E as soon as practicable. | ||
(2) Where a party has failed to comply with section 148I(3) — | ||
(a) the Board has had regard to— | ||
(i) the circumstances of the application under section 148E, or | ||
(ii) the matters referred to in paragraphs (b) to (g) of subsection (1), | ||
and | ||
(b) in the opinion of the Board, the return of the deposit is a matter that requires resolution by the Board under Part 6, | ||
the Board may request the party who made the application under section 148E to refer the application under section 148E to the Board for resolution under Part 6. | ||
Offence of furnishing false or misleading information in relation to return of deposit | ||
148M. A person who, in purported compliance with, section 148C, 148E or 148F or subsection (1), (2), (3) or (9) of section 148I, furnishes information to the Board which is false or misleading in a material respect knowing it to be false or misleading or being reckless as to whether it is false or misleading, is guilty of an offence. | ||
Notifications by Board for purposes of return of deposit | ||
148N. For the purpose of the performance by the Board of its functions relating to the return of a deposit referred to in section 12(1)(d), the Board shall, when making a notification to a party pursuant to those functions, send the notification to the most recent address which the party concerned has, as required under section 12(1)(d)(ii) or, as the case may be, section 16(o), provided to the Board. | ||
Reference by party of return of deposit to Board as a dispute for resolution under Part 6 | ||
148O. (1) Without prejudice to sections 76 and 78, where a party made an application under section 148E and the other party has not provided a statement of agreement or a statement of disagreement in respect of that application within the prescribed period specified for the purposes of section 148F(1)(c) or 148I(1)(b), that party may, at any time after the prescribed period concerned, refer the return of the deposit to one or both parties to the Board as a dispute requiring resolution under Part 6. | ||
(2) The party who refers the dispute referred to in subsection (1) for resolution under Part 6 shall notify the Board and the other party to the tenancy that the application under section 148E has been withdrawn and the return of the deposit to one or both parties has been referred to the Board as a dispute requiring resolution under Part 6 and the notification under this section shall be made at the time the reference of the dispute for resolution under Part 6 is made. | ||
(3) For the purposes of section 148B, where the dispute referred to in subsection (1) is referred to the Board for resolution under Part 6— | ||
(a) the application under section 148E shall be treated as withdrawn, and | ||
(b) the return of the deposit concerned shall be made in accordance with section 148B(b). | ||
Transitional provisions relating to transmission of deposits of certain tenancies | ||
148P. (1) Where, on or before the coming into operation of sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015— | ||
(a) a tenancy was registered in accordance with section 134, | ||
(b) the tenancy has not been terminated, | ||
(c) a notice of termination has not been served in respect of the tenancy, and | ||
(d) a deposit had been paid by the tenant to the landlord on entering into the agreement for the tenancy or lease and in respect of which sections 12(1)(d) and 12(4) applied to the return or repayment, by the landlord, of the deposit before those sections were amended by section 23 of the Residential Tenancies (Amendment) Act 2015, | ||
the landlord shall transmit the deposit to the Board not later than 6 months from the date on which sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015 come into operation. | ||
(2) Where, on or before the coming into operation of sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015— | ||
(a) a tenancy was registered in accordance with section 134, | ||
(b) the tenancy has not been terminated, | ||
(c) a notice of termination has not been served in respect of the tenancy, and | ||
(d) the tenant had not paid a deposit to the landlord on entering into the agreement for the tenancy or lease, | ||
the landlord shall, not later than 6 months from the date on which sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015 come into operation, provide a statement to the Board, in the prescribed form, stating that the tenant has not paid a deposit referred to in subsection (1) to the landlord and that a deposit is not available to provide for a default referred to in section 12(4). | ||
(3) A landlord shall furnish the reference number, referred to in section 135(3), assigned by the Board for the tenancy concerned with the transmission of the deposit or, as the case may be, the statement referred to in subsection (2). | ||
(4) The landlord shall notify the tenant in writing that he or she has complied with the obligation under subsection (1) or (2) at the same time he or she transmits the deposit or provides the statement to the Board. | ||
(5) The following provisions shall apply to a tenancy referred to in this section and where modifications are specified for those provisions, those modifications shall apply to such tenancy: | ||
(a) clauses (I) to (IV) of section 12(1)(d)(ii); | ||
(b) subparagraphs (i) to (iii) of section 16(o); | ||
(c) paragraphs (c) and (d) of section 135(4) and the reference in those paragraphs— | ||
(i) to ‘acknowledgment’ shall be construed as ‘acknowledgment of a deposit transmitted or notice provided pursuant to section 148P’, and | ||
(ii) to ‘applicant under section 134’ shall be construed as ‘landlord who furnished a deposit or notice pursuant to section 148P’; | ||
(d) subsection (4A) of section 135 and the reference in that subsection to ‘the acknowledgement referred to in subsection (4)’ shall be construed as ‘the acknowledgement of a deposit transmitted or notice provided pursuant to section 148P’; | ||
(e) subsections (3) and (4) of section 135A and the reference in subsection (4) to the manner in which the deposit is to be transferred to the Board shall be construed as including the transmission of a deposit under this section; | ||
(f) paragraph (ka) of section 136(1) and the reference to ‘has accompanied the application’ shall be construed as a reference to ‘has been furnished pursuant to section 148P’; | ||
(g) subsections (5) and (6) of section 139; | ||
(h) sections 148A to 148O. | ||
Enforcement of obligation under section 148P | ||
148Q. (1) Where, after the expiration of the 6 month period referred to in section 148P, it appears to the Board that a deposit for a tenancy registered in the register or a notice referred to in section 148P(2) has not been furnished to the Board in accordance with section 148P within that period, the Board shall, as soon as practicable— | ||
(a) notify the parties to the tenancy in writing that it has not received the deposit or the notice referred to in section 148P, and | ||
(b) request the landlord— | ||
(i) to transmit the deposit to the Board or to furnish the statement referred to in section 148P(2) not later than 14 days from the receipt of the notice, or | ||
(ii) to notify the Board in writing, not later than 14 days from receipt of the notice, that a notice of termination has been served on the tenant and of the date of service of that notice, or that the tenancy has been terminated, and of the date of the termination. | ||
(2) The landlord shall notify the tenant in writing of the transmission of the deposit or notice pursuant to paragraph (b)(i) or the notification to the Board referred to in paragraph (b)(ii). | ||
(3) Where a notice under subsection (1) is sent to a landlord and he or she does not— | ||
(a) transmit to the Board, within the period referred to in paragraph (b)(i) of subsection (1), the deposit referred to in that subsection, | ||
(b) provide to the Board, within the period referred to in paragraph (b)(i) of subsection (1), the statement referred to in that subsection, or | ||
(c) notify the Board, within the period referred to in paragraph (b)(ii) of subsection (1), that a notice of termination has been served in respect of the tenancy or that the tenancy has been terminated in accordance with this Act, | ||
the Board shall serve a further notice on the landlord stating that he or she is required to— | ||
(i) transmit a deposit referred to in subsection (1)(b)(i) or provide the statement referred to in subsection (1)(b)(ii) to the Board within 14 days from the date of receipt of the further notice, or | ||
(ii) notify the Board, within 14 days from the date of the further notice that a notice of termination has been served in respect of the tenancy or that the tenancy has been terminated in accordance with this Act, | ||
and that where he or she fails to do so within that period, he or she is guilty of an offence. | ||
(4) A person who fails to comply with a further notice under subsection (3) is guilty of an offence. | ||
(5) It shall be a defence for a person charged with an offence under subsection (4) for that person to show that he or she took all reasonable steps to comply with subsection (3).”. |