Advice on Tenant Fees Bill

Junovo

My son who is at University has arranged for rental of a property starting this September 2019. He has given £180.00 for Admin Fees to the agency and I understand that the Tenant Fees Bill will come into force in June 2019.

As the tenancy starts after the Tenant Fees Bill comes into force does the rental agency have the right to charge the admin fee today.

Comms69

Yes, obviously

Junovo

Comms69 wrote: »

Yes, obviously

Oh so where does it state that in writing in the Bill ?

charlotte1994

Yes they will, as they are processing everything today.
The fees are really painful, aren't they? Such a rip off!

Comms69

Junovo wrote: »

Oh so where does it state that in writing in the Bill ?

Why would it say that.


Unless I've slept through several months, we are still in January, the law doesn't come into effect until June.


The date a tenancy starts is irrelevant, the law doesn't exist as of today.

G_M

Junovo wrote: »

Oh so where does it state that in writing in the Bill ?

As youpointed out yourself, it states that it "come(s) into force in June 2019."

Do we really need to explain that until then it is not in force......?

Of course, come June, you can claim back all fees ever paid, by any tenant, for any tenancy, since 1604 (the date of the Feudal Lords Fees and Taxes Act)

Marvel1

G_M wrote: »

Of course, come June, you can claim back all fees ever paid, by any tenant, for any tenancy, since 1604 (the date of the Feudal Lords Fees and Taxes Act)

I can it see it happening just like bank charges and mis-sold insurance :rotfl: :eek:

Junovo

G_M wrote: »

As youpointed out yourself, it states that it "come(s) into force in June 2019."

Do we really need to explain that until then it is not in force......?

Of course, come June, you can claim back all fees ever paid, by any tenant, for any tenancy, since 1604 (the date of the Feudal Lords Fees and Taxes Act)

Yes comes into force in June and tenancy starts September so tenancy comes under the bill ?

This isn't about Tenancy that started before the Bill comes into effect.

Marvel1

https://www.moneysavingexpert.com/news/2019/01/letting-fees-to-be-banned-from-june/

This week, the date for the ban was announced in the House of Lords, meaning that tenants won't be charged £100s in admin fees on tenancies signed on or after 1 June 2019.

Keyword is signed.

Adereterial

New legislation in this country is rarely retroactive - it only applies from the date it comes into force (which may be sometime after it is signed and given royal assent, or immediately).

Furthermore, a Bill is not effective in law. It needs to pass through all of the Parliamentary stages to become an Act first. This Bill is currently at the ‘Ping Pong’ stage - the Lords made some amendments to it so it needs to go back to the Commons to approve or reject those. It may change between now and then, get delayed, or there might be an election and it’ll be pulled entirely.

So - the fees are valid until such time as the Bill becomes an Act and comes into force.

System

If the contract is signed prior to the 1st June then yes the agent can keep them, if signed after then no will need to be refunded


https://blog.goodlord.co/questions-and-answers-on-the-tenant-fee-ban-with-arla-ceo-david-cox?utm_campaign=webinar-jan19&utm_source=hs_email&utm_medium=email&utm_content=69300078&_hsenc=p2ANqtz--elsCxEzUEW2DgI7rqIGo5pFT6RF11Z0AyObPS0_qY0IeCd93X5c8bq5pZJCSien0eSvMNwwrMvgnfGXfy312QNeoN-PBsE8NWeuL3ac4tsOKP0_8&_hsmi=69300078