Prohibitions applying to letting agents

Tenant Fees Bill – in the House of Commons at 4:49 pm on 5th September 2018.

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Amendments made: 6, page 3, line 6, after “tenancy,” insert—

“(aa) requires the person to do any of those things pursuant to a provision of an agreement with the person relating to such a tenancy which requires or purports to require the person to do any of those things in the event of an act or default of the person,

(ab) requires the person to do any of those things pursuant to a provision of an agreement with the person relating to such a tenancy which requires or purports to require the person to do any of those things if the tenancy is varied, assigned, novated or terminated,

(ac) requires the person to do any of those things—

(i) as a result of an act or default of the person relating to such a tenancy or housing let under it, and

(ii) otherwise than pursuant to, or for the breach of, an agreement entered into before the person’s act or default,”

This amendment brings Clause 2 largely into line with Clause 1 so that the prohibitions that apply to letting agents under the Bill are similar to those that apply to landlords.

Amendment 7, page 3, line 19, at end insert—

‘( ) This section does not apply to a requirement imposed by a letting agent on a relevant person if—

(a) the requirement is imposed by the letting agent in consideration of providing a service to a tenant,

(b) as part of that service the agent finds housing for the tenant to rent and the tenant rents that housing, and

(c) the agent does not act on behalf of the landlord of that housing, whether in relation to that housing or any other housing.”—(Rishi Sunak.)

This amendment removes a service provided by a letting agent to a tenant from the prohibitions in Clause 2 where the agent finds housing for the tenant to rent and does not also act for the landlord of that housing.

Clause 8