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Tenant Fees Bill (HC Bill 203)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Housing, Communities and
Local Government, are published separately as Bill 203–EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary James Brokenshire has made the following statement under section 19(1)(a)
of the Human Rights Act 1998:

In my view the provisions of the Tenant Fees Bill are compatible with the Convention
rights.

Contents

  1. Prohibitions etc applying to landlords and letting agents

    1. 1. Prohibitions applying to landlords

    2. 2. Prohibitions applying to letting agents

    3. 3. Prohibited and permitted payments

    4. 4. Effect of a breach of section 1 or 2

    5. 5. Treatment of holding deposit

  2. Enforcement

    1. 6. Enforcement by local weights and measures authorities

    2. 7. Enforcement by district councils

    3. 8. Financial penalties

    4. 9. Power to amend maximum financial penalties

    5. 10. Recovery by enforcement authority of amount paid

    6. 11. Interest on payments under section 10

    7. 12. Offences

    8. 13. Offences by bodies corporate

    9. 14. Duty to notify when taking enforcement action

    10. 15. Recovery by relevant person of amount paid

    11. 16. Assistance to recover amount paid

    12. 17. Restriction on terminating tenancy

  3. Amendments to the Consumer Rights Act 2015

    1. 18. Duty to publicise fees on third party websites

    2. 19. Information about membership of client money protection scheme

    3. 20. Penalties for continuing breach of duty

  4. Amendments to the Housing and Planning Act 2016

    1. 21. Enforcement of client money protection schemes for property agents

  5. Lead enforcement authority

    1. 22. Lead enforcement authority

    2. 23. General duties of the lead enforcement authority

    3. 24. Enforcement by the lead enforcement authority

  6. General interpretation

    1. 25. Meaning of “letting agent” and related expressions

    2. 26. Interpretation

  7. Final provisions

    1. 27. Consequential amendments

    2. 28. Transitional provision

    3. 29. Financial provisions

    4. 30. Crown application

    5. 31. Extent

    6. 32. Commencement

    7. 33. Short title

    1. Schedule 1

      Permitted payments

    2. Schedule 2

      Treatment of holding deposit

    3. Schedule 3

      Financial penalties etc