Say goodbye to private rental fees – an overview of the Tenant Fees Act 2019
The Tenant Fees Act 2019 (“the Act”) came into force on 1 June 2019.
It applies immediately to tenancies created on or after 1 June 2019 and to all tenancies, whenever granted, from 1 June 2020. For tenancies granted prior to 1 June 2019, a landlord/agent can still charge fees up until 31 May 2020, but only where permitted under an existing tenancy agreement.
A “tenancy” includes an assured shorthold tenancy (AST), tenancies of student accommodation and licences to occupy housing in the private rental sector in England.
Landlords can only require payment if is it on the list of “permitted payments” in the Act. This includes:
Is your rented property “fit for human habitation”?
The “Homes (Fitness for Human Habitation) Act 2018” came into force on 20 March 2019.
If you are a landlord, the thought of an extension to your repairing obligations may fill you with horror. However, there are no new obligations; rather, you are required to make sure you are complying with your existing statutory responsibilities. If this is done, then you will be ensuring that your properties are fit for human habitation.
The Act supports a landlord’s repairing obligations under s. 11 of the Landlord & Tenant Act 1985, implying a term into tenancy agreements that a property will be “fit for human habitation” for the duration of a tenancy.
How does the new Act apply?
The new law will apply if you are a tenant subject to, or a landlord letting properties on the following tenancies:-