Legislation to ban tenant fees has been introduced in the Queen’s Speech, and goes further by allowing tenants to recover fees that have been unlawfully charged.
Tenants will be allowed to recover them as part of new legislation containing the ban on lettings fee charged to tenants.
The Queen’s Speech this morning outlined a Draft Tenants’ Fees Bill Ban, as expected, to stop lettings agents charging tenants.
Still to be debated during the parliamentary term, the main elements of the Bill are “banning landlords and agents from requiring tenants to pay letting fees as a condition of their tenancy”.
But it also goes further than the initial consultation by saying there will be measures to enforce the ban with provision for tenants to be able to recover unlawfully charged fees.
It is not clear if this will be applied retrospectively, in other words to fees levied before the ban, or will only apply to any fees illegally charged once the ban is in place.
This element does not seem to have been mentioned in the consultation that closed earlier this month.
Documents accompanying the Queen’s Speech also promised a consultation on leasehold reform “in due course” to promote “transparency and fairness for leaseholders”.