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The Tenant Fees Act 2019 – now rolled out to all tenancies as of 1st June 2020

By in Industry News with 0 Comments

If you don’t know what the Tenant Fees Act 2019, or the “Tenant Fee Ban” is – then I suggest you go to THIS POST first and a have a read through.

This piece of legislation came into force on 1st June 2019, and applied to all tenancies signed on or after that date.

However, included in the legislation was the provision that the requirements would be rolled out to ALL tenancies on 1st June 2020 – something that has now taken place.

Regardless of what is contained in your current tenancy agreement (and if created in the last 12 months, it should really be “fee ban” compliant, from last Monday (1st June 2020) landlords or agents are not allowed to charge tenants for anything other than the following:

Rent (but this must be kept at the same level, or higher, throughout the duration of the fixed term. If it is decreased, the additional amount during the months prior to the increase will be seen as a prohibited payment.

Security Deposit (This is now capped at 5 weeks rent, and not a penny over, regardless of circumstances i.e. pets. Deposit calculators are widely available online, and the the following calculation must be used: (Monthly rent x 12/52 x 5). This cap is increased to six weeks rent for properties with an annual rent of over £50,000.

Holding Deposit (there are many regulations around the acceptance of a holding deposit, which I may need to go into further detail on a separate post. However the main points are that it is capped at 1 weeks rent, and it must be returned to the tenant save for four explicitly stated sets of circumstances .)

Change of tenancy Charge (a charge can be made when the tenant requests a change to the tenancy, such as the addition of a permitted occupier, or the change of a rent date. This charge is capped at £50 including VAT).

Late Rent Charge (this is one is pretty laughable and likely not worth even thinking about. You cannot charge for late rents, chasing letters, visits. The only charge you can make is an interest charge of 3% over the BOE base rate, after the rent is more than 14 days late).

Replacement keys/security device (Self explanatory, but you can only charge the cost of the replacement key or device, not for your time.)

Early Termination (If the tenant would like to leave a contract early, you can charge to cover your costs. However, if you are not using an agent, you are not permitted to charge them for re-referencing the new replacement tenants. They are also expected to pay rent and utilities up until the day before a replacement tenant moves in).

Breach of tenancy (If the tenant breaches any part of the agreement, you can seek to recover your costs from them, either directly or through the security deposit).

If you would like help or advice on anything relating to the Tenant Fee Ban/Tenant Fees Act 2019, please do not hesitate to get in touch.

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