Tenant Fees Ban - Meaning of 'Tenancies Entered Into on or after June 1st 2019'

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    Tenant Fees Ban - Meaning of 'Tenancies Entered Into on or after June 1st 2019'

    The act says the ban is for tenancies entered into on or after June 1st 2019. What does entered into mean? Is this the time the first signature is placed on the agreement, the time both parties have signed the agreement (i.e. when it becomes legally binding), or the time that the tenacy actually begins?

    #2
    Tenancy agreement, not tenancy.

    a requirement imposed by or pursuant to a tenancy agreement entered into before the coming into force of that section
    This non-lawyer reading it would suggest when the agreement is binding. If you have a specific situation in mind, it'll be easier if you set it out rather than requiring possibly an essay length response to question of when is a contract formed.
    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.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Originally posted by Oliverb93 View Post
      Is this the time the first signature is placed on the agreement, the time both parties have signed the agreement (i.e. when it becomes legally binding)
      Just for the avoidence of doubt, unless the agreement specifies that it is not binding until both parties have signed it, a tenancy agreement will usually be binding before both parties have signed it.

      Signatures confirm and formalise contracts, but the contract can be made (and therefore be binding) before anyone signs anything (or possibly without ever being signed at all.

      As above, you could spend a long time trying to select the point at which an a tenancy agreement is "entered into", so a specific example might help.
      If it's just a hypothetical, please let us know!
      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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        #4
        according to this thread

        The tenancy starts when the tenant moves in..
        https://forums.landlordzone.co.uk/fo...moving-in-date

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          #5
          It helps if you read the whole thread, both that you linked to, and this one you're responding to.....

          1. Not if tenancy was granted by deed for example.

          2. Not relevant since "tenancy agreement" not "tenancy".
          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.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            The government website FWIW states 'The ban on tenant fees applies to new or renewed tenancy agreements signed on or after 1 June 2019.'

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