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the key changes resulting from the Tenant Fees Ban

- Becareful if restoring a Tenancy for you become subject to brand-new laws - See PIMS Tips renewing

- Holding Fee Max one weeks lease - Very Strict compliance guidelines about return and reductions. see new Holding Deposit Form.

- Ensure Your Tenancy Application Tenant Fee Ban and GDPR compliant or download PIMS Tenancy Application [Tenant Fees Compliant and Includes GDPR).

• Deposits now topped 5 weeks where rent listed below ₤ 50K year 6 weeks if above
  
  - Admin Fees Abolished.
• Defined products 'Permitted Payments" a Property manager can charge a Tenant
  
  - Maximum charges for late lease payments, changing Keys and Locks and Maximum charges for altering an Occupancy.
• If you fail to comply you are prohibited from serving an Area 21 Notice to end the Tenancy, compensation the Tenant and be exposed to fines of approximately ₤ 30,000 or criminal conviction
  
  Examples of stipulations REVISED IN the PIMS Tenancy Agreement.
  
  Note where the lease is payable month-to-month multiply the lease by 12 then divided by 52. Then increase the weekly figure by FIVE - please ensure you round down calculations. So do not go beyond the optimal deposit of FIVE weeks by even a penny. ONLY 6 weeks where the rent surpasses ₤ 50,000 per annum
  
  What an Occupant can be charge should abide by Permitted Charges Legislation
  
  BILLS ARE DEFINED as Utilities, Television Licence and Communication Services Unless otherwise concurred in writing by the Landlord, the Tenant must set up to be billed for energies charges for the residential or commercial property [electricity, gas or other fuel, or water or sewage] and pay the television licence charge for the residential or commercial property. The Tenant must set up to be billed for communication services implying a service enabling any of the following to be used- (a) a telephone besides a mobile telephone; (b) the web; (c) cable television service; (d) satellite television. Where the Landlord offers such utilities or services the Landlord shall only charge reasonable expenses incurred by the proprietor for or in connection with the arrangement of the energy or service. The Tenant consents to stay responsible for these items after the Expiry of this Agreement till the occupancy has actually legally ended. Where the Tenant enables, either by default of payment or particular instruction, the energy or other services to be cut off, whether throughout or at the end of the occupancy, the Tenant will be responsible for a Landlords loss and the costs associated with reconnecting or resuming such.
  
  Rent Increase- The Landlord might increase the Rent after the Expiry of the fixed term of the Tenancy Agreement by providing the Tenant a minimum of one months' notification in composing prior to a Lease Payment Day defining the amount of the brand-new lease. The Landlord will not increase the Rent during the fixed term of the occupancy.
  
  Clauses charging for non permitted fees expose you to a great
  
  - Previously we were permitted to charge for Rent Arrears Letters, Possession Notices and penalties for Tenant non-performance this is no longer the case. The guidelines for what might be charged are now explicit there is no obscurity. These are called allowed charges. Clauses such as check out costs and MUST pay X for carpets and so on to be cleaned up are now unlawful
  
  The following stipulations for charges are the ONLY ones permitted
  
  Cap on late rent interest now uses The Rent must be paid in advance on the Rent Payment Day defined in this Tenancy Agreement. If the Rent is late by more than 14 days, the Landlord can charge interest at 3% above the Bank of England base rate and interest will be charged till the date full payment is gotten.
  
  Keys should a an extra or lose an essential or security device admitting to the residential or commercial property and requires a replacement a charge can be charged for such. The Landlord or Agent shall offer evidence in composing to the person accountable for the payment to demonstrate that such expenses are sensible and not exceeding ₤ 50
  
  - Charges for variation, project or novation of an occupancy, should the Tenant request of the Landlord or Agent a variation, project or novation of a tenancy [the substitution of a brand-new contract in location of an old one], the Landlord/Agent reserves the right to charge a charge that is not likely to surpass ₤ 50 but might do so. The Tenant shall be notified in composing a summary of the sensible expenses incurred.
  
  IMPORTANT TENANT LIABILITY WHILST PERMITTED CHARGES ARE DEFINED IT DOES NOT REMOVE THE LANDLORDS RIGHT TO SEEK RECOMPENSE FOR THE TENANTS FAILURE TO COMPLY. INCLUSION OF A GENERIC LOSS CLAUSE WITH CAVEAT "failure to carry out or comply with prevailing legislation."
  
  - LANDLORDS RIGHT TO RECOVER LOSSES The Tenant will stay liable for any affordable costs or losses suffered by the Landlord resulting from conduct of or damage triggered by the Tenant (or any person they have welcomed into the Residential or commercial property or who is allowed to live there). The Landlord reserves the right to seek compensation for lawful costs. Such as damage, legal charges, court fees or any other losses arising from the tenant, occupiers or their guest's failure to carry out or comply with prevailing legislation.
  
  Additional Key Updates to the PIMS Tenancy Agreement 1st JUNE 2019
  
  Changed to Contractual Periodic "Councils have a habit of trying to pursue landlords for unpaid Tenant council tax for they suggest, an extension as a routine is a new agreement and for that reason a minimum of being less than 6 months - whereas a contractual regular may provide additional protection to the Landlord.
  
  Added - Tenant grant email them the How to Rent Guide
  
  Why - The Statutory Instrument 2015 No. 1646 The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 authorizations service of How To Rent Guide by e-mail where the occupant has actually consented [section 3] however take care any section 8 or section 21 notice must still be served upon the home.
  
  Added verification service of crucial documents - did you know ought to an occupant claim they did not receive a Gas Safety Certificate before beginning of Tenure this can invalidate an expulsion using an Area 21 Notice. We have experienced a similar argument re service of an EPC for this reason why included. Also added verification renter received GDPR alert which must have been obtained at Tenancy application stage.
  
  - PIMS Tenancy Application now includes GDPR and Ban Tenant Fees Compliant - Download Here
  
  KEYNOTE ESPECIALLY FOR LETTING AGENTS
  
  The Ban on Letting Fees Bill is really stringent and very easy to be tripped up. Not only can a Property manager or Agent be fined, the renter can block expulsion, a Proprietor could pursue their Agent for consequential loss and a Representative can be barred from being a Letting Agent. The new Legislation is that serious
  
  Please check out the federal government assistance to Ban on Letting Fees - Which appears flawed but must supply a defence in that you had an affordable expectation the federal government guidance be valid. See Government Guidance Ban on Letting fees Bill
  
  Please ensure you print a dated copy for your records for this might be your ONLY defence to mitigate direct exposure versus fines
  
  - fine of up to ₤ 5,000 for a first offence. If you repeat a breach within 5 years of the fine, you might deal with prosecution or be fined ₤ 5000 approximately ₤ 30,000. Such action might lead to being banned to Let or Manage Properties as might be considered not a fit and appropriate individual under 2004 Housing Act and subject to a banning order under area 14 of the Housing Act 2016.
  
  - Individual staff of the Letting Agents maybe banned if considered the individual was complicit/negligent
  
  See Legislation in Detail
  
  THE PARTIES specified in the Tenancy Agreement
  
  Between - The "Landlord"
  
  The Tenants are hereby notified that notifications (consisting of notifications in procedures) need to be served on the Landlord by Tenants at the following address.
  
  - New Landlord see our Tenancy Check List
  
  - The Address of Landlord or Agent MUST remain in England or Wales see Section 48
  
  - If you reside in the premises use Lodger Agreement.
• If leasing to a Business use - Company Tenancy Agreement
  
  And The "Tenant" (note that under an AST a maximum of 4 Tenants is permitted)
  
  - If renting to three or more sharers, in future you might require planning consent read more.
• No person under 18 can sign an Occupancy.
• Name all Tenants, in law they will be "joint and severally responsible" for the Tenancy.
• Ensure all Tenants finish a PIMS Tenancy Application Form [Tenant Fees Compliant and Includes GDPR)
  
  And (if appropriate) The "Guarantor" Where there is a Guarantor, add their complete name and address. The signing of this Agreement must then be experienced
  
  - It is wiser to always ask for a Guarantor? If a Renter remains in rent arrears or causes damage to the residential or commercial property, more frequently than not Landlords DO NOT recover their losses unless they have a guarantor see Rent Arrears Guarantors and Tenancy Agreements
• We ask for "Guarantor information" on the Tenancy Application INCLUDES GDPR and Tenant cost Ban compliance]
  THE RESIDENTIAL OR COMMERCIAL PROPERTY - specified in the Tenancy Agreement
  
  Connecting to The "Residential or commercial property" consisting of, if appropriate, the Landlord's ownerships listed in the "Inventory"
  
  RESIDENTIAL OR COMMERCIAL PROPERTY ADDRESS
  
  - If leasing a space you MUST define Room 1, where not numbered First Floor room front of the home etc
  
  The Residential or commercial property is provided
  
  HELP Furnished or Unfurnished
  
  THE TERM specified in the Tenancy Agreement
  
  For the "Term" of
  
  - Ideally, the first tenancy should be no longer than 6 months, where longer, think about placing a Break Clause - The Tenancy can be no greater than 3 years in Length unless a deed and experienced
  
  The "Commencement" - (subject to uninhabited ownership being readily available)
  
  - Confirm you have actually cleared Funds before you provide keys
  
  " Expiry" on (however continuing afterwards as a Contractual Periodic contractual regular tenancy meaning the exact same rental durations, until notice is offered and uninhabited belongings is gone back to the Landlord)
  
  DATE ENDS
  
  - If 12 months add one year then minus 1 day. So if starts 15th as above would end on the 14th January 2020
• What do I do if the Tenant refuses to leave at the end of the Tenancy Agreement?