- before a court decides on proceedings under Section 21 of the Housing Act 1988 (possession) or;
- before a court decides on proceedings under Section 214 of the Housing Act 2004 (failure to protect a deposit).
A deposit taken on an AST after April 6, 2007, and correctly protected, with Prescribed Information served to the tenant, does not need the Prescribed Information reissued to the tenant on future renewals of the AST or where the AST rolls into a statutory periodic tenancy so long as the landlord, tenant, and property information remain the same and the deposit remains in the same tenancy deposit protection scheme.
The Deregulation Act also clarifies that where an agent has protected a deposit on behalf of a landlord, the agent’s contact details can be provided within the Prescribed Information.
The law is relevant to any deposit currently held on an AST. It assists landlords who did not re-protect deposits or re-serve Prescribed Information when a tenancy was renewed or when a statutory periodic tenancy arose. Tenants must still be given revised Prescribed Information about their deposit if there is a change in tenant(s), landlord(s), premises or the deposit protection scheme.
There are also changes creating a new form of Section 21 notice coming into force on July 1, 2015. Any tenancy created after that date will need to use a new style of Section 21 notice, tenancies created before then, or based on renewals or extensions of tenancies created before then, can still use the old style notice. From June 1, 2018, all ASTs will need to use the new style notice irrespective of when they began.
The remaining changes to Section 21, including the various alterations regarding tenant complaints about condition, do not come into force until October 1, 2015, and, again, are only applicable to new tenancies commencing after that date until they become applicable to all tenancies from October 1, 2018.