Tenant Fees Act 2019
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Change 1
5A Pre-tenancy payments of rent: prohibitions
(1) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (2) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (3) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (4) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (5) The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies. For this purpose “rent due in advance” means rent due before the period for which it is payable. (6) Regulations under subsection (5)— (a) may make different provision for different purposes; (b) may make supplemental, incidental, consequential, transitional, transitory or saving provision; (c) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1.
5A Pre-tenancy payments of rent: prohibitions
(1) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (2) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (3) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (4) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (5) The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies. For this purpose “rent due in advance” means rent due before the period for which it is payable. (6) Regulations under subsection (5)— (a) may make different provision for different purposes; (b) may make supplemental, incidental, consequential, transitional, transitory or saving provision; (c) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1.
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