Tenant fee ban for pre-June 2019 tenancies goes live today

The tenant fee ban is extended to all tenancies from today.

Tenant fees were banned on any tenancies made from June 1 2019 after the Tenant Fees Act became law last year and there was initially a transition period for any pre-existing tenancies.

But that period ends today and David Smith, partner at law firm JMW Solicitors, has suggested landlords and agents should inform tenants that there may be payments mentioned in their agreements that can no longer be charged.

He said: “Good practice could be for landlords and agents to contact their tenants and inform them what specific terms in respect of prohibited payments are no longer valid.
“Better practice will be for pre-existing agreements to be varied by consent in order to be brought fully in line with the new legislation.

“This may sound cumbersome, but arguably not as cumbersome as having to face the consequences of an avoidable breach of the Act.”

Smith added that deposits which landlords held for tenancies agreed before the ban could now exceed the five-week cap that was introduced alongside the fee ban but said this would only need to be amended at renewal.