Can a landlord or Managing agent charge a tenant Late Rent fees, for late rents post the 2019 Tenant Fee Ban?
If so, what amount is permitted? Is it a percentage or must it be a fixed charge?
The reason I ask is that a tenant is being evicted and has late rent charges applied to their account for late rents in 2020 (£35+VAT for each late rent), and has not paid the rent for the last 2 months of her tenancy (2022).
Please do advise.
It is my understanding that action can be taken in this respect so long as the terms of doing so are set out in the tenancy agreement, so you need to check the wording of the AST.
The landlord/agent can only pass on fees that they actually incur, (which wouldnt be £35 plus vat) or interest charges at the rate specified in yhe TFA.
Its not in the tenants TA however on the Terms of Business it stipulates “If a rent payment is missed, there will be a £35 (plus VAT) administration charge, per occasion”.
the tenant has signed this document. Therefore will this apply to all charges whether pre or after the 2019 Tenant Fee ban?
I would say it breaches the TFA, (tenant fees act)