In less than two weeks time, the Tenant Fees Act will come into force in England. The Act will make it illegal for landlords and agents to charge certain fees for new tenancies that are signed on or after 1st June 2019.
With the Act coming into force so soon, landlords and their agents and advisors should by now have taken steps to review current practices and address any current practices or payments that will amount to prohibited payments as the penalties for no compliance are high. A landlord or letting agent that requires a tenant to make a prohibited payment may face prosecution and payment of a fine of up to £5,000, or up to £30,000 if that person has committed a similar offence in the previous 5 years.
A landlord that is in receipt of a prohibited payment will not be able to serve a section 21 notice until the prohibited payment is repaid to the tenant.