Tenant Fee Ban

1st June 2019

What is the Ban?

In Summary

As you will be aware, the tenant fee ban comes in to play on the 1st of June 2019. The new legislation and legal framework means that no fees can be applied to a tenant before, during or after a tenancy.

As of the 1st of June 2019, Agencies and Landlords will be banned from charging any fees, fines or payments to a resident.

There will be some small exemptions to the legislation however the legal framework has been specifically designed to protect tenants so the exemptions are only applicable under certain circumstances and under the strict eyes of trading standard authorities and local councils.

To ensure practice falls within the legal framework, X1 have been reassessing all current working processes and procedures, auditing and amending legal documents and conducting thorough audits.

For any tenancy entered into before 31st May 2019, agency fees do not need to be repaid. Furthermore, the fees can continue to be charged until 31st May 2020 but only under an existing tenancy.

 

Permitted Payments under the Ban

Permitted Payments under the Tenant Fee Ban

Permitted payments under the ban include :

  • A refundable deposit (Capped at 5 weeks rent)
  • A refundable holding deposit (Must be returned to the applicant within 7 days)
  • Reasonable Payments in relation to changes for the tenancy associated with early termination
  • TV License
  • Council Tax
  • A default fee for late payment of rent (this cannot surpass a payment above the 3% Bank of England base rate)

 Our Recommendations to you

As charges for tenant referencing can no longer be applied, we would suggest getting Landlord Rent Protection Insurance paid as a monthly fee. Further information of which can be found in our Terms of Business.

Downloads

For more in depth information on the Tenant Fee Ban, we have made the below available to download.

TFA_Guidance_for_LandlordsAgents

To discuss any of this in further detail, please give your account manager a call.