Tenants Fees Act 2019 – a warning to landlords

29 May 2020

The Tenants Fees Act has been in force for a year now, applying in England to tenancies granted on or after 1 June 2019. But landlords should be aware that from Monday (1 June) the Act applies to tenancies and licences whenever they were granted.

Although there are some exceptions including assured non-shorthold tenancies.

The Act prohibits landlords and letting agents applying certain charges. All terms requiring the payment of prohibited fees as defined will now be unenforceable.

The Act gives the local trading standards authority powers of enforcement including the imposing of fines. The landlord has a right of appeal to the First Tier Tribunal. And the tenant can also apply to the same tribunal for the recovery of unlawfully charged fees.

Importantly, the Act also prevents a s.21 notice being valid until any prohibited payment has been returned.  A new form 6A s.21 notice reflects the changes.

If you would like more advice about the Act’s consequences or representation from one of our housing or property law barristers, please contact our clerks.