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Renting Homes (Wales) Act 2016
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- Acts of the National Assembly for Wales
- 2016 anaw 1
- SCHEDULE 9A
- PART 1
- Breach of security and...
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Changes over time for: Cross Heading: Breach of security and deposit requirements
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Changes to legislation:
Renting Homes (Wales) Act 2016, Cross Heading: Breach of security and deposit requirements is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 9A Part 1 Crossheading Breach-of-security-and-deposit-requirements:
- specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 20(3)(ma) inserted by 2019 anaw 2 Sch. 3 para. 4(2)
- s. 135(2)(ia) inserted by 2019 anaw 2 Sch. 3 para. 4(3)
- s. 186A-186C inserted by 2019 anaw 2 Sch. 3 para. 4(1)
- s. 198A inserted by 2019 anaw 2 Sch. 3 para. 5
[F1Breach of security and deposit requirementsE+W
Textual Amendments
F1Sch. 9A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 2
4(1)A landlord may not give notice at a time when security required by the landlord in connection with the contract in a form not permitted by section 43 has not been returned to the person by whom it was given.E+W
(2)A landlord may not give a notice at a time when any of sub-paragraphs (3) to (5) apply unless—
(a)a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on the contract-holder's behalf) either in full or with such deduction as may have been agreed, or
(b)an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties.
(3)This sub-paragraph applies if a deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with.
(4)This sub-paragraph applies if a deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b).
(5)This sub-paragraph applies if a deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme.
[F2(6)Sub-paragraph (1) is only incorporated as a term of a contract mentioned in paragraph 7(1) which incorporates section 43.]]
Textual Amendments
F2Sch. 9A para. 4(6) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143), regs. 1, 5(5) (as amended by S.I. 2022/906, arts. 1(2), 8)
Modifications etc. (not altering text)
C1Sch. 9A para. 4 modified (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172), regs. 1(2), 8 (with reg. 19)
Commencement Information
I1Sch. 9A para. 4 in force at 1.12.2022 by S.I. 2022/906, art. 2
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