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The Tenant Fees Act 2019 (Commencement No. 3) Regulations 2019

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the Tenant Fees Act 2019 (c. 4) (“the Act”) in so far as they are not already in force on 15th April 2019. The Act is brought fully into force on 1st June 2019.

Regulation 2 commences sections 24 to 26 and 29 of the Act on 15th April 2019. Section 26 is partially commenced to give the lead enforcement authority the power to take steps to enforce the relevant letting agency legislation defined in section 24(6)(b) to (d). Sections 24 to 25 provide for the establishment of the lead enforcement authority and its general duties. Section 29 makes consequential amendments to the lead enforcement authority’s enforcement functions in respect of the relevant letting agency legislation other than the Act.

Regulation 3 commences all remaining provisions of the Act on 1st June 2019:

Sections 1 to 5, schedule 1 and 2 of the Act relates to prohibitions applying to landlords and letting agents;

Sections 6 to 17 and schedule 3 of the Act relates to enforcement;

Sections 18 to 20 amends the Consumer Rights Act 2015 and relates to the requirement to publicise fees etc under Chapter 3 of that Act (https://www.legislation.gov.uk/ukpga/2015/15/part/3/chapter/3);

Section 21 amends the Housing and Planning Act 2016 and relates to enforcement of client money protection schemes for property agents;

Section 26 is brought into force for all remaining purposes;

Sections 27 and 28 relates to general interpretation;

Sections 30 and 32 are final provisions.

The Explanatory Notes for the Act provide an explanation of the provisions in the Act and are available online (http://www.legislation.gov.uk/ukpga/2019/4/pdfs/ukpgaen_20190004_en.pdf.) and in hard copy from TSO, PO Box 29, Norwich, NR3 1GN (telephone orders/general enquiries: 0333 202 5070).

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