Tenant Fees Act

GDB2222

The washing machine broke in a flat I rent out. I organised a new machine from John Lewis, and I paid JL £25 to fit it. 

After it was fitted, the tenant said she'd prefer a different model. It's a bit more expensive, but I don't mind paying the extra.

JL, amazingly, agreed to do the replacement, but they want another £25 to fit it. The tenant offered to pay that extra £25.

So, my question is : if the tenant pays the £25, does that fall foul of the Tenant Fees Act 2019?

user1977

I don't think so, as it doesn't sound like you're requiring them to make the payment. It's an optional upgrade, which would cost £25. Also seems fairly academic if the tenant isn't complaining!

moneysavinghero

(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.

The above sections of the Tenant Fees Act shows that this case would be ok as the payment was not related to the granting or renewal of the tenancy or a condition that you give a good reference.