Obligation to repay security deposit
38H Obligation to repay security deposit
A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to repay to the customer, in accordance with the customer’s reasonable instructions and subject to the contract’s provisions described in regulation 38G, the amount of the security deposit, including any interest accrued as described in regulation 38F(3), within the period described in subregulation (2).
The standard form contract must state that the security deposit is required to be repaid within 10 business days after —
the customer completes 2 years of payments for supply by the date specified in the relevant bills; or
the customer leaves the supply address; or
the retailer disconnects supply at the supply address at the request of the customer; or
the customer transfers to another retailer.
The standard form contract must state that, if the customer does not give reasonable instructions for the repayment of the security deposit and any accrued interest, the retailer is required to credit the amount to be repaid —
if subregulation (2)(a) applies to the repayment — to the customer’s next bill; or
if subregulation (2)(b), (c) or (d) applies to the repayment — to the customer’s final bill.
[Regulation 38H inserted: SL 2022/104 r. 20.]
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