Tenant Fees Act 2019
| Jurisdiction | UK Non-devolved |
| Citation | 2019 c. 4 |
| Year | 2019 |
2019 CHAPTER 4
An Act to make provision prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; to make provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; to amend the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents; to make provision about client money protection schemes; and for connected purposes.
[12th February 2019]
B
e it enacted
by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)
A landlord must not require a relevant person to make a prohibited payment to the landlord in connection with a tenancy of housing in England.
(2)
A landlord must not require a relevant person to make a prohibited payment to a third party in connection with a tenancy of housing in England.
(3)
A landlord must not require a relevant person to enter into a contract with a third party in connection with a tenancy of housing in England if that contract is—
(a)
a contract for the provision of a service, or
(b)
a contract of insurance.
(4)
Subsection (3) does not apply if the contract is for—
(a)
the provision of a utility to the tenant, or
(b)
the provision of a communication service to the tenant.
(5)
A landlord must not require a relevant person to make a loan to any person in connection with a tenancy of housing in England.
(6)
For the purposes of this section, a landlord requires a relevant person to make a payment, enter into a contract or make a loan in connection with a tenancy of housing in England if and only if the landlord—
(a)
requires the person to do any of those things in consideration of the grant, renewal, continuance, variation, assignment, novation or termination of such a tenancy,
(b)
requires the person to do any of those things pursuant to a provision of a tenancy agreement relating to such a tenancy which requires or purports to require the person to do any of those things in the event of an act or default of a relevant person,
(c)
requires the person to do any of those things pursuant to a provision of a tenancy agreement relating to such a tenancy which requires or purports to require the person to do any of those things if the tenancy is varied, assigned, novated or terminated,
(d)
enters into a tenancy agreement relating to such a tenancy which requires or purports to require the person to do any of those things other than in the circumstances mentioned in paragraph (b) or (c),
(e)
requires the person to do any of those things—
(i)
as a result of an act or default of a relevant person relating to such a tenancy or housing let under it, and
(ii)
otherwise than pursuant to, or for the breach of, a provision of a tenancy agreement, or
(f)
requires the person to do any of those things in consideration of providing a reference in relation to that person in connection with the person's occupation of housing in England.
(7)
For the purposes of this section, a landlord does not require a relevant person to make a payment, enter into a contract or make a loan if the landlord gives the person the option of doing any of those things as an alternative to complying with another requirement imposed by the landlord or a letting agent.
(8)
Subsection (7) does not apply if—
(a)
the other requirement is prohibited by this section or section 2 (ignoring subsection (7) or section 2(6)), or
(b)
it would be unreasonable to expect a relevant person to comply with the other requirement.
(9)
In this Act “
relevant person
” means—
(a)
a tenant, or
(b)
subject to subsection (10), a person acting on behalf of, or who has guaranteed the payment of rent by, a tenant.
(10)
The reference in subsection (9)(b) to a person does not include—
(a)
a local housing authority within the meaning of the Housing Act 1985 (see section 1 of that Act),
(b)
the Greater London Authority, or
(c)
a person acting on behalf of an authority within paragraph (a) or the Greater London Authority.
Commencement Information
I1
S. 1 in force at 1.6.2019 by S.I. 2019/857, reg. 3(a)
(1)
A letting agent must not require a relevant person to make a prohibited payment to the letting agent in connection with a tenancy of housing in England.
(2)
A letting agent must not require a relevant person to make a prohibited payment to a third party in connection with a tenancy of housing in England.
(3)
A letting agent must not require a relevant person to enter into a contract with the agent or a third party in connection with a tenancy of housing in England if the contract is—
(a)
a contract for the provision of a service, or
(b)
a contract of insurance.
(4)
A letting agent must not require a relevant person to make a loan to any person in connection with a tenancy of housing in England.
(5)
For the purposes of this section, a letting agent requires a relevant person to make a payment, enter into a contract or make a loan in connection with a tenancy of housing in England if and only if the letting agent—
(a)
requires the person to do any of those things in consideration of arranging the grant, renewal, continuance, variation, assignment, novation or termination of such a tenancy,
(b)
requires the person to do any of those things pursuant to a provision of an agreement with the person relating to such a tenancy which requires or purports to require the person to do any of those things in the event of an act or default of a relevant person,
(c)
requires the person to do any of those things pursuant to a provision of an agreement with the person relating to such a tenancy which requires or purports to require the person to do any of those things if the tenancy is varied, assigned, novated or terminated,
(d)
requires the person to do any of those things—
(i)
as a result of an act or default of a relevant person relating to such a tenancy or housing let under it, and
(ii)
otherwise than pursuant to, or for the...
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