Residential Tenancies (Amendment) Act 2015

Amendment of section 12 of Principal Act

23. Section 12 of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (d):

“(d) where a deposit is paid by the tenant to the landlord on entering into the agreement for the tenancy or lease—

(i) transmit the deposit to the Board in accordance with this Act, and

(ii) for the purpose of the effecting, by the Board, the return of that deposit to the tenant, subject to the conditions specified in subsection (4), and ascertaining, for the purpose of such return, if a default referred to in that subsection is to be taken into account—

(I) respond to the notification of the Board that relates to the return of the deposit in accordance with this Act,

(II) provide information, in accordance with this Act, to the Board of any such default,

(III) notify the Board, as soon as practicable, of any change in the information provided to the Board under section 136(1)(b) in respect of his or her address for correspondence, and

(IV) notify the Board on or as soon as practicable after the end of the tenancy with a statement, in the prescribed form, that he or she requires a default referred to in subsection (4) to be taken into account by the Board,”,

(b) in subsection (4), by substituting “A deposit referred to in subsection (1)(d) shall, in accordance with this Act, be returned to the tenant” for “Subsection (1)(d) applies and has effect”, and

(c) by inserting the following subsection after subsection (5):

“(6) A landlord shall send a copy of the notification referred to in subsection (1)(d)(ii)(IV) to the tenant at the same time as he or she sends the notification to the Board.”.