Prohibited fees in the Tenants Fees Act 2019

Tenant Discussion
1

Quick question about prohibited fees in the Tenants Fees Act 2019.

If a landlord asks for a cleaning fee (upfront) in addition to a deposit is that legal?

I believe such a fee is prohibited yes? Can i have clairification from someone who is knowledgable on this? Surely such a fee is taken from the deposit when the tenant vacates the property?

I found the following legal info from:

“Anything that is not a permitted fee is a prohibited fee, which includes:”
Viewing fees
Tenancy set-up fees – including 3rd party fees
Inventory fees
Referencing fees – including 3rd party fees
Guarantor/guarantee fees
Check-out fees
“Cleaning fees”
Gardening fees

Any clarification would be very helpful. I am in the process of seeking legal clarification on this but wondered if anyone can answer this sooner.

Thank you.

2

he should have charged the previous tenant he cannot charge you

3

You have all the necessary info. What other clarification do you need… It is obviously illegal!

4

Yes, as per your other post, its a prohibited fee.

5

Hi everybody.
Yesterday I got interesting situation, Landlord didn’t want to make agreement with me and cancel the application. In cancellation she wrote that she will take the deposit, because the advertisement was locked.

Question is: Why OpenRent letting take deposit to new landlord if I never had agreement with them and I also lost time? Why the system takes landlord side only?

What actions I can do here?

The message from system is: Please note that, if no action is taken by 19 May 2023 9 AM , your landlord’s claim will be passed to our resolutions team to review and this may result in your application to rent the property being cancelled and your holding deposit being forfeit to the landlord.

Thank you

6

For what reason did landlord say they will be keeping your deposit? Advert locked doesn’t mean anything to me.

You are entitled to refund of holding deposit unless you provided false information or withdrew from application.

Did you view property? At what point did you leave deposit?

1 Like
7

Dear Mark,

I viewed the property. After that I wrote her that I’m ready to rent a house. Then she told me that by the OpenRent rules, I have to put 1 week deposit (holding deposit) to start the process. I send money for 1 week to OpenRent account and start Referencing. In my message I wrote her that I have 2 income source one in the UK and the another one in the EU. Total amount is enough of her requirements. Only the UK was is more that half, but cannot cover.

After Referencing process proceed, she cancel the application and telling me that she will take holding deposit. Her reason is she has lost money referencing, time and other good applicants who have now found other properties. But how she can lost money? There is a tenant who us living in her house.

At the same time I lost my time too, I have to leave current flat. It means I will be on street if most Landlord do same trick.

In the system, I upload my UK references (work and current landlord). There were no option to upload the EU one. Also I was ready to add sponsor if she is not happy, I have sponsors too. All messages I wrote her ignored and answering after 25 hours.

Is it fair if landlord can take holding deposit from new tenants who has no agreement yet?

Thank you for your help

8

I suggest you appeal directly to Openrent.

2 Likes
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