Commentary on Sections New section 215A Statutory periodic tenancies: deposit received before 6 April 2007
170.New section 215A applies to cases where a tenancy deposit was received in connection with a fixed term tenancy prior to 6th April 2007 and, on or after that date, a statutory periodic tenancy arose on the expiry of the fixed term tenancy.
171.Subsection (2) provides that in cases where the periodic tenancy is still in existence as at the date of commencement of this section and some or all of the deposit paid in connection with the fixed term tenancy continues to be held by the landlord in connection with the periodic tenancy, the tenancy deposit protection requirements do apply. However, the landlord has an extended period within which to comply with those requirements (see commentary on subsection (3) below). Subsection (2) further provides that the requirements apply to any of the original deposit which continues to be held in connection with the periodic tenancy and to any additional deposit which the landlord may have received in connection with the tenancy.
172.Subsection (3) provides that instead of the landlord being required to comply with the tenancy deposit requirements at the start of the statutory periodic tenancy, a date which will have long passed in such cases, there is an extended period within which to comply. This is any time prior to the date which is 90 days after commencement of the new provisions or, if earlier, at any time prior to the date on which a court determines an application for penalties under section 214 of the 2004 Act or determines whether to make a possession order under section 21 of the Housing Act 1988 (or decides an appeal against either type of determination).
173.Subsection (4) provides that in cases where, at the time this section is commenced, the landlord no longer holds any deposit in connection with the periodic tenancy or the tenancy has ended, the landlord will be treated as having complied with the requirements in section 213 of the 2004 Act.
174.By virtue of new section 215C(1), this section is treated as having had effect since 6th April 2007 subject to the exception provided for in section 215C(2) (see commentary on new section 215C).