SCHEDULE 5DEPOSIT SCHEMES: FURTHER PROVISION
4Existing deposit used in connection with a renewed or other kind of substitute occupation contract
1
This paragraph applies where—
a
a contract-holder paid a deposit in connection with an occupation contract (“the original contract”),
b
the landlord, in respect of the deposit—
i
dealt with it in accordance with an authorised deposit scheme,
ii
complied with the initial requirements of the scheme, and
iii
provided the information required by section 45(2)(b),
c
the original contract is replaced with a substitute occupation contract, and
d
the deposit that was paid in connection with the original contract continues to be held—
i
in connection with the substitute occupation contract, and
ii
in accordance with the same authorised deposit scheme as when the requirements mentioned in paragraph (b)(ii) and (iii) were last complied with in respect of it.
2
This paragraph also applies where—
a
a substitute occupation contract is replaced with a new substitute occupation contract, and
b
the deposit that was paid in connection with the original contract continues to be held—
i
in connection with the new substitute occupation contract, and
ii
in accordance with the same authorised deposit scheme as when the requirements mentioned in sub-paragraph (1)(b)(ii) and (iii) were last complied with in respect of it.
3
The landlord is to be treated as having complied with the requirements in section 45 in relation to the deposit held in connection with the substitute occupation contract.
4
For the purposes of this paragraph, an occupation contract is replaced with a substitute occupation contract if—
a
the occupation date of the substitute occupation contract falls immediately after the end of the preceding occupation contract,
b
the landlord and contract-holder under the substitute occupation contract are the same as under the preceding contract, and
c
the substitute occupation contract relates to the same (or substantially the same) dwelling as the preceding contract.