C96

Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

F298[148P. (1) Where, on or before the coming into operation of sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015—

(a) a tenancy was registered in accordance with section 134,

(b) the tenancy has not been terminated,

(c) a notice of termination has not been served in respect of the tenancy, and

(d) a deposit had been paid by the tenant to the landlord on entering into the agreement for the tenancy or lease and in respect of which sections 12(1)(d) and 12(4) applied to the return or repayment, by the landlord, of the deposit before those sections were amended by section 23 of the Residential Tenancies (Amendment) Act 2015,

the landlord shall transmit the deposit to the Board not later than 6 months from the date on which sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015 come into operation.

(2) Where, on or before the coming into operation of sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015—

(a) a tenancy was registered in accordance with section 134,

(b) the tenancy has not been terminated,

(c) a notice of termination has not been served in respect of the tenancy, and

(d) the tenant had not paid a deposit to the landlord on entering into the agreement for the tenancy or lease,

the landlord shall, not later than 6 months from the date on which sections 23 and 64 of the Residential Tenancies (Amendment) Act 2015 come into operation, provide a statement to the Board, in the prescribed form, stating that the tenant has not paid a deposit referred to in subsection (1) to the landlord and that a deposit is not available to provide for a default referred to in section 12(4).

(3) A landlord shall furnish the reference number, referred to in section 135(3), assigned by the Board for the tenancy concerned with the transmission of the deposit or, as the case may be, the statement referred to in subsection (2).

(4) The landlord shall notify the tenant in writing that he or she has complied with the obligation under subsection (1) or (2) at the same time he or she transmits the deposit or provides the statement to the Board.

(5) The following provisions shall apply to a tenancy referred to in this section and where modifications are specified for those provisions, those modifications shall apply to such tenancy:

(a) clauses (I) to (IV) of section 12(1)(d)(ii);

(b) subparagraphs (i) to (iii) of section 16(o);

(c) paragraphs (c) and (d) of section 135(4) and the reference in those paragraphs—

(i) to "acknowledgment" shall be construed as "acknowledgment of a deposit transmitted or notice provided pursuant to section 148P", and

(ii) to "applicant under section 134" shall be construed as "landlord who furnished a deposit or notice pursuant to section 148P";

(d) subsection (4A) of section 135 and the reference in that subsection to "the acknowledgement referred to in subsection (4)" shall be construed as "the acknowledgement of a deposit transmitted or notice provided pursuant to section 148P";

(e) subsections (3) and (4) of section 135A and the reference in subsection (4) to the manner in which the deposit is to be transferred to the Board shall be construed as including the transmission of a deposit under this section;

(f) paragraph (ka) of section 136(1) and the reference to "has accompanied the application" shall be construed as a reference to "has been furnished pursuant to section 148P";

(g) subsections (5) and (6) of section 139;

(h) sections 148A to 148O.]