14th January 2019 saw the 3rd and final reading of the Tenant Fees Bill in the House of Lords. Lord Bourne of Aberystwyth confirmed on the afternoon of 15th January 2019 that subject to the Bill getting Royal Assent, the Tenant Fees Bill will come into effect on 1st June 2019 for all tenancies signed on or after that date.
Throughout the report stage amendments have been made; the deposit cap lowered from 6 weeks rent max to 5 weeks rent max for properties with an annual rent of less than £50,000.00.
The Ministry of Housing, Communities and Local Government believe that the amendments ‘strike a fair balance between improving affordability for tenants whilst ensuring that landlords and agents have the financial security they need’.
The final content of the legislation is not yet confirmed, however key points of the Bill are as follows;
- Default fees limited to charges for replacement keys (or respective security device) and late rent only
- Cap holding deposits to max 1 weeks rent (applying to a max of one property only)
- Creates a civil offence with a fine of £5,000.00 for first offence and civil penalties of up to £30,000.00.
- Local authorities to retain the money raised and reserve for future local housing enforcement
- Amendment of the Consumer Right Act 2015 to specify that the letting agent transparency requirements will also apply to property portals (i.e. Rightmove, Zoopla)
What is exempted form the banned list? Holding deposits, rent, deposits and charges for defaulting on the contract are all exempted however are subject to additional restrictions as part as part of the legislation.
A lead local authority will oversee and police the new measures.
For further information on the Tenant Fees Ban in England;
https://www.rla.org.uk/landlord/guides/tenant-fees-ban-guidance.shtml
Article Abridged from NLA & RLA
