Wirral Life June 2019 | Page 56

W PROPERTY L ATTENTION ALL LANDLORDS! Guy Platt-Higgins, Director at Skellens Estate Agents talks to us about the new Tenant Fees Act. The Tenant Fees Act came into force on Saturday 1st June 2019. This introduced new rules surrounding what Landlords can and cannot charge tenants or their guarantors. you need to know this legislation and how it impacts upon you or your company and you need to avoid falling foul of it because the Courts will have zero sympathy with you if you do”. Guy Platt-Higgins, Director at Skellens Estate Agents recommends that all Landlords who are unfamiliar with the new legislation ought to obtain legal advice at the earliest opportunity. This new legislation has been introduced to remove unscrupulous Landlords from the market. This can only be a good thing but it will also catch those otherwise decent Landlords who have innocently failed to understand/implement this legislation. Ignorance of the legislation will not be any defence. Guy said: "This new legislation has 35 sections and as with most modern Acts of Parliament, it is not very reader-friendly. Naturally there are sanctions for failing to observe obligations and the legislation anticipates that some Landlords or Agents may seek protection from their limited liability status. "However, unusually, the Act removes such protection and prevents Company Directors from hiding behind their “corporate veils”. "In short, if you charge Tenants or their guarantors fees for anything over and above rent and utilities 56 wirrallife.com As Estate Agents we do not purport to offer legal advice therefore if you are a Landlord and unsure as to whether you are fully compliant you should seek independent legal advice. Tenants should also be aware of this Act - if you are a tenant of a residential property concerned about what your landlord is charging you, take legal advice.