Proposed amendments
114 amendments across 21 provisions
Clause 1 4
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The reference in subsection (9)(b) to a person does not include—
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Clause 2 4
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Clause 4 4
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Clause 5 4
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The Secretary of State must by regulations made by statutory instrument make further provision as to the procedure to be followed by a landlord or letting agent when receiving a holding deposit, which shall include a requirement to provide notification to the relevant person in a prescribed form concerning the treatment of the holding deposit.
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“Transferable deposits
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty to provide tenants and prospective tenants with information
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Transferable deposits
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 7 2
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“Enforcement costs
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Report on enforcement resources
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 8 2
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the relevant person has made an application to the First-tier Tribunal under section 15 (recovery by relevant person of amount paid) and has recovered all or part of the amount or (as the case may be) the aggregate amount referred to in that section.”
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Clause 10 1
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Clause 11 6
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in a case within paragraph 4 of Schedule 2”
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in a case within paragraph 5 of that Schedule, the day after the end of the relevant period within the meaning of that paragraph.”
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Clause 15 1
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Clause 17 3
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No section 21 notice may be given in relation to the tenancy until the end of a period of six months from—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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No section 21 notice may be given in relation to the tenancy until the end of a period six months from—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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No section 21 notice may be given in relation to the tenancy until the end of a period of six months from—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 21 8
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“The Housing and Planning Act 2016 is amended as follows.
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“Client money protection schemes: approval and designation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Client money protection schemes: requirement to belong to a scheme etc
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 23 3
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If the lead enforcement authority is the Secretary of State, it is the duty of the lead enforcement authority to issue guidance, in the form of regulations made by statutory instrument, to enforcement authorities about the exercise of their functions under this Act.
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The guidance under subsection (2) must be contained within regulations made by statutory instrument.
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The guidance under subsection (2) must be contained within regulations made by statutory instrument.
Clause 24 1
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“Report on operation of Tenant Fees Act
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 25 1
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A person is not a letting agent for the purposes of this Act if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 26 3
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““excluded licence” means a licence which is granted to a licensee by a licensor who resides in the housing where—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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““television licence” has the meaning given by paragraph 9(2) of Schedule 1;”
Clause 27 1
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In regulation 5 of the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 (enforcement)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 28 10
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Clause 32 1
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Schedule 1 39
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the amount of five weeks’ rent where—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“four weeks’ rent” means four times one week’s rent, and”
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But a payment in accordance with this paragraph, which relates to housing for which the landlord or letting agent already holds a holding deposit and for which the deadline for agreement as defined in Schedule 2 has not yet passed, is a prohibited payment.”
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But if the amount of the holding deposit exceeds three days’ rent, the amount of the excess is a prohibited payment.
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In this paragraph, “three days’ rent” means the amount of annual rent payable in respect of the tenancy immediately after its grant, renewal or continuance divided by 365 and multiplied by three.”
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Sub-paragraph (1) does not apply if the landlord or letting agent has not provided the relevant person with a draft tenancy agreement.”
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Sub-paragraph (1) does not apply if a landlord or letting agent previously accepted a holding deposit in relation to a property and it has not been repaid to the relevant person in accordance with paragraph 4 of Schedule 2.”
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“Certain default payments
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Subject to sub-paragraphs (3), (4) and (5), a payment that a tenant is required to make in the event of a default by the tenant is a permitted payment if the tenant is required by the tenancy agreement to make the payment in the event of such a default.
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Payment under sub-paragraph (1) may not include payment for or relating to the costs of communication with the tenant from the letting agent or the landlord in relation to a payment in the event of default.”
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Sub-paragraph (1) does not apply to a variation of a tenancy agreement in respect of a change of tenant.”
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But if the landlord does not deal reasonably with any request for an early exit, including taking reasonable steps to re-let the property, then the payment shall be a prohibited payment.”
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In the case of a payment to a landlord, such a payment is a permitted payment only if the landlord is required by the tenancy agreement to review the contract or contracts annually and make arrangements to switch tariffs or suppliers if this would be beneficial to the tenant.”
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But, in the case of a payment to a landlord, if the amount of the payment exceeds the reasonable costs incurred by the landlord for or in connection with the provision of the service, the amount of the excess is a prohibited payment.”
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“Payment in respect of identity and immigration status checks
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the amount of five weeks’ rent, where the annual rent in respect of the tenancy immediately after its grant, renewal or continuance is less than £50,000, or
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the amount of five weeks’ rent where—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“five weeks’ rent” means five times one week’s rent,”
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A payment of a holding deposit is not a permitted payment if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Sub-paragraph (1) does not apply if the landlord or letting agent has not provided the relevant person with a draft tenancy agreement.”
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Sub-paragraph (1) does not apply to payments in respect of an act or default perpetrated by another tenant who is party to a joint tenancy agreement.”
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the loss of a key to, or other security device giving access to, the housing to which the tenancy relates, or
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If, in the case of a payment required to be made to a landlord or a letting agent in respect of a relevant default within sub-paragraph (2)(b), the amount of the payment exceeds the amount determined in accordance with sub-paragraph (5), the amount of the excess is a prohibited payment.
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“Payment of damages
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If, in relation to a change of tenant in a shared tenancy, the current tenant or tenants find a suitable replacement tenant, then a payment under this paragraph in excess of £50 is a prohibited payment.”
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Schedule 2 15
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Where paragraph 3(b) or (c) does not apply, the landlord or agent must set out the specific reasons for the exception in written correspondence to the tenant which must include—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In Paragraphs 10(a), 10(b), 11(a) and 11(b) of this Schedule, “all reasonable steps” includes but is not limited to providing the tenant, upon receipt of the holding deposit, with a draft tenancy agreement that contains no unfair terms as defined in the Consumer Rights Act 2015.”
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The person who received the holding deposit must repay it if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Paragraph 9, 10 or 11 does not apply (so that paragraph 3(c) does apply) if, before the deadline for agreement—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.