Which possession proceedings?
Have you charged any fees which are not permitted charges?
Under the Tenant Fees Act, 2019 landlords in England can only charge fees which are permitted under the act. Landlord Law members will find a list of these set out in the FAQ here and also in our Schedules of Permitted fees. And in the England section of the Tenant Fees Page.
If a fee which is not a permitted fee is charged (and this includes a deposit which is over the permitted amount) then no valid section 21 notice can be served on tenants until the unauthorised fee has been refunded to the tenant. You should be sure to retain proof that this has been done.
It is assumed in the rest of this guide that landlords are aware of and have complied with these rules.
