Commentary on Sections Section 6:.Certain offences in connection with tenancy deposits to be continuing offences
Section 6 amends Article 5B of the 2006 Order by inserting a new paragraph 11A. Under paragraph (11) an offence is committed where a landlord fails to protect a tenancy deposit or give the prescribed information within the required time. This new paragraph provides that those offences continue to be committed throughout any period during which the failure continues. The result of this is that there will be no time barrier on prosecuting a person who fails to comply with the requirements of the Article.