37. (1) Section 78 of the Principal Act is amended in subsection (1) —

(a) by substituting “where appropriate, and without prejudice to section 76A, complaints” for “where appropriate, complaints”, and

(b) by substituting the following paragraphs for paragraph (a):

“(a) without prejudice to the generality of paragraph (e), failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i),

(aa) failure by—

(i) a landlord to comply with section 12(1)(d)(ii)(III), or

(ii) a tenant to comply with section 16(o)(iii),

(ab) the return of the deposit to one or both parties,

(ac) failure by a party to the tenancy to comply with sections 148A, 148F(2) or 148I(3),

(ad) any loss referred to in section 148I(6),”.

(2) Where, on or before the coming into operation of subsection (1), a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had been commenced but had not been finally determined in accordance with the Principal Act, the dispute shall be determined in accordance with that Act as if that paragraph had not been amended by subsection (1) and for the purposes of that dispute—

(a) paragraph (d) of section 12(1) of the Principal Act shall apply in relation to that dispute as if that paragraph had not been amended by section 23, and

(b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return or repayment of that deposit as if that subsection had not been amended by section 23.

(3) Where on or before the coming into operation of subsection (1) and section 23, a tenancy had ended and the deposit had not been returned to the tenant (whether the landlord was relying on section 12(4) of the Principal Act or otherwise) and a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had not been referred to the Board for resolution—

(a) paragraph (d) of section 12(1) of the Principal Act shall apply to the landlord as if that paragraph had not been amended by section 23,

(b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return of that deposit as if that subsection had not been amended by section 23, and

(c) where a dispute on the retention or refund of the deposit arises, either party may refer the dispute to the Board under paragraph (a) of section 78(1) of the Principal Act as if paragraph (a) of that section had not been amended by subsection (1) and the dispute shall be determined as if that paragraph had not been amended by subsection (1).

(4) Where, on or before the coming into operation of subsection (1) and section 23, a notice of termination had been served in respect of a tenancy and a deposit had been paid to the landlord and had not been returned to the tenant (whether the landlord was relying on section 12(4) of the Principal Act or otherwise), and a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had not been referred to the Board for resolution—

(a) paragraph (d) of section 12(1) of the Principal Act shall apply to the landlord as if that paragraph had not been amended by section 23,

(b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return of that deposit as if that subsection had not been amended by section 23, and

(c) where a dispute on the retention or refund of the deposit arises, either party may refer the dispute to the Board under paragraph (a) of section 78(1) of the Principal Act as if paragraph (a) of that section had not been amended by subsection (1) and the dispute shall be determined as if that paragraph had not been amended by subsection (1).

(5) In subsection (2) the reference to a dispute being finally determined in accordance with the Principal Act includes, in respect of that dispute, the final determination of an appeal under section 123(3) of that Act or an application for the enforcement, under section 124 of that Act, of the determination order concerned.