The new tenants’ fees bill is due to have a second reading in the House of Lords.
Update: The Tenants Fees Bill has been Announced
The Government has now confirmed that the tenants’ fee bill will take place from the 1st June 2019. This will dramatically change the whole way that letting agents charge tenants. It could possibly be detrimental to landlords, causing them to increase their rents. The main amendments are:-
- The maximum security deposit is now limited to five weeks rather than six. The original proposal by the Government capped the deposit at four weeks rent. Various landlords then campaigned to increase it, arguing that the average charged was 4.8 weeks. Hence the increase to five weeks.
- Default fees are now permitted where costs arise from the fault of a tenant. For instance, where the tenants have lost a key or other security device or where the tenant is two weeks late in paying their rent. Where there are further contractual breaches the landlord will be able to charge for damages. However, if a tenant fails to pay, the landlord will either need to pursue the claim in court or make a claim against the security deposit. There is also a clause in the bill that allows the Government to change the charges in future. This will mean that further changes will not require going back to Parliament.
- The landlord and/or agents are now only allowed to take one holding fee for a property at any one time. They must pay the first tenants deposit back in full before taking a second holding deposit. That is unless the tenants choose not to enter the tenancy or provide false information. In these cases, the landlord and/or agents can hold the deposit.
- Where landlords and/or agents retain a deposit they must explain to the tenant in writing why they are doing so.
- If there is a right to retain the deposit but the tenancy is still not entered into it must be returned to the tenant.
- The landlord/agent must refund the holding deposit if the landlord/agent breaches any terms. Or if the landlord or existing tenants behave in an unreasonable manner, delaying the tenancy going ahead.
Summary
The tenant fees act is going to completely transform the letting market. It throws the emphasis from tenants back to landlords for fees. It will be interesting to see how the market changes over a period of time with letting agents not being able to charge fees. A substantial amount, we suspect, will go out of business or change their method to instead charge landlords. This may leave the market with a very small amount of independent letting agents and large corporates.
