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PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 4DEPOSITS AND DEPOSIT SCHEMES

Deposit schemes

45Requirement to use deposit scheme

(1)If the contract-holder under an occupation contract pays a deposit (or another person pays a deposit on his or her behalf), the deposit must be dealt with in accordance with an authorised deposit scheme.

(2)Before the end of the period of 30 days starting with the day on which the deposit is paid, the landlord must—

(a)comply with the initial requirements of an authorised deposit scheme, and

(b)give the contract-holder (and any person who has paid the deposit on his or her behalf) the required information.

(3)The required information is such information as may be prescribed relating to—

(a)the authorised deposit scheme which applies,

(b)the landlord’s compliance with the initial requirements of the scheme, and

(c)the operation of this Chapter, including the contract-holder’s rights (and the rights of any person who has paid the deposit on his or her behalf) in relation to the deposit.

(4)This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

(a)must be incorporated, and

(b)must not be incorporated with modifications.

46Deposit schemes: further provision

(1)Schedule 5 contains further provision about deposit schemes.

(2)Sections 177 and 198 make provision relating to periodic standard contracts and fixed term standard contracts with a landlord’s break clause, preventing a landlord from giving a notice requiring a contract-holder to give up possession if the landlord has not complied with certain requirements relating to the payment of security or to deposit schemes.

47Deposit schemes: interpretation

(1)In this Act—

(2)In this Act references to a deposit, in relation to a time after a deposit has been paid, are to a sum representing the deposit.