Tenant Fees Bill - referencing, inventory fees

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    #16
    Sorry, on phone.

    I didn't mean signing for receipt. Inventories tc include acceptance of contents, etc

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      #17
      This has now passed the final stage in parliament, so is awaiting Royal assent.

      Government previously announced it will come into force for new tenancy and renewals etc. on 1 June this year, and existing tenancy next year.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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        #18
        Originally posted by KTC View Post
        This has now passed the final stage in parliament, so is awaiting Royal assent.

        Government previously announced it will come into force for new tenancy and renewals etc. on 1 June this year, and existing tenancy next year.
        Presumably with no expectation that fees or deposits larger than 5 weeks rent already taken for existing tenancies will be refunded?

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          #19
          I have only ever charged cost price for professional credit checks to the tenants and obviously won't even be able to do that now. I assume Tenantverify and other companies will have a process which allows tenants to submit all the info to them but the invoice for the check and the results to come to the LL? Otherwise the LL is just a middle man passing on the info to the company.
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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            #20
            I think that the expectation (hope?) is that the credit reference companies will introduce a service paid for by a tenant where a landlord can be given a reference to be able to access the tenant's report.
            So good tenants will be able to sign up for the service, check what the results will be, correct any errors and then make the results available to agents and landlords glad not be stuck with the task and no income for it.

            It will also deter time wasters.

            If the credit companies don't have such a product lined up, I'd be amazed.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #21
              Originally posted by DPT57 View Post
              Presumably with no expectation that fees or deposits larger than 5 weeks rent already taken for existing tenancies will be refunded?
              Awaiting secondary legislations to see how the commencement and any transitional clauses is worded to know for sure. Expect LL to have to reduce existing deposit down to the cap if a replacement tenancy starts on or after 1 June. If worded like Deregulation Act, should exclude SPT arising from tenancy pre-dating commencement.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                #22
                If the secondary legislation says that refunds will have to be made its likely to cause a whole new set of fun and games. For instance, I think I may have charged a current tenant for the reference checks I did in 2013 but would have to go back to my emails and financial records to confirm. Some landlords may not have those records, some won't even know about this aspect of the legislation.... This could seriously challenge the deposit legislation for entertainment value!

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                  #23
                  Thank you - that makes a lot of sense JP (but not everything that does comes to pass as we well know!). The only thing would be I suppose that tenants will have to keep it updated - even a reference a month old is out of date - tenant may have lost his job in the meantime!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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                    #24
                    You won't have to refund fees taken before commencement date. Deposit is difference because one they're the tenant's money even while you're holding onto them, and two a landlord is deemed to have returned them at the end of the older tenancy and immediately paid back over for the replacement tenancy even if no money actually change hands (or bank account).
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                      #25
                      Originally posted by islandgirl View Post
                      Thank you - that makes a lot of sense JP (but not everything that does comes to pass as we well know!). The only thing would be I suppose that tenants will have to keep it updated - even a reference a month old is out of date - tenant may have lost his job in the meantime!
                      Yes - it's a solution.

                      Credit references are often much more than a month out of date.
                      They're fed from most services automatically, but if you lose your job it's a while before the effects are obvious on a credit history.
                      They're probably as good as they can be, though.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                        #26
                        Tenant Fees Bill received Royal Assent today, so is now the Tenant Fees Act 2019.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                          #27
                          I keep wondering how agents are going to react to this, particulary those who seem to rely on fleecing the tenants and landlords at every changeover and renewal, not to mention the contract fees that they will now be no longer able to charge.

                          As far as i can tell deposits are capped at 5 weeks rent, and the only two fees chargeable are change of locks (with proof of purchase, no allowances for labour or inconvenience) and late payment of rent which is capped at 3% above base rate.

                          That must cometely wipe out huge chunks of income for agents.

                          Are there any landlords here who use agents and have you had any correspondence as to how the agents are going to proceed past june with these new regulations?

                          Can i just add i am in complete support of this ban too, just wondering what the fallout will be.



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                            #28
                            Is this a possible concern for tenancies still in the initial 6 months? The guy with the fish tanks moved in 12th September 2018 and paid 6 weeks deposit.

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                              #29
                              (2) Subject as follows, section 1 does not apply to a requirement imposed by or pursuant to an agreement relating to a periodic tenancy which arises—

                              ....(a) under section 5(2) of the Housing Act 1988 after the coming into force of section 1, and

                              ....(b) on the coming to an end of a fixed term tenancy which was entered into before the coming into force of that section,
                              . .
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                                #30
                                Originally posted by dazwalsh View Post
                                As far as i can tell deposits are capped at 5 weeks rent, and the only two fees chargeable are change of locks (with proof of purchase, no allowances for labour or inconvenience) and late payment of rent which is capped at 3% above base rate.
                                "are reasonably incurred by the landlord or letting agent as a result of the default"

                                That include reasonable labour cost.
                                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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