Are you a Landlord or a Letting Agent? Make sure you find out how the Tenant Fees Act 2019 will affect you

17-06-2019

A full ban on landlord and letting agents charging fees to tenants came into force on 1st June 2019 under the Tenants Fees Act. It will therefore be best practice to effectively consider all payments in connection with a tenancy as “prohibited” unless they are specifically permitted under the Act.

It will not only be an offence for a landlord or letting agent to obtain a prohibited payment but it will also be an offence for a landlord or letting agent to require a relevant person to make a prohibited payment to a third party. For example, asking a tenant to pay directly to a referencing company is prohibited under the Act.

So what permitted payments are landlords or letting agents allowed to take? The permitted payments are contained in Schedule 1 of the Act and they are:

  • Rent
  • Tenancy deposit
  • Holding deposit
  • Payment in the event of a default
  • Payment on variation, assignment or novation of a tenancy
  • Payment on termination of a tenancy
  • Payment in respect of council tax
  • Payment in respect of utilities etc
  • Payment in respect of a television licence
  • Payment in respect of communication services

This is simply a brief overview of one element of the Act, as each one of the above has restrictions and limitations which all landlords and agents must become familiar with. In addition, the Act also contains other provisions that we strongly suggest all landlords and agents obtain advice on as soon as possible.

If you did wish to seek advice on these points, please do not hesitate to contact me on 01482 225566 or via email at simon.young@jameslegal.co.uk

 

 


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