Which possession proceedings?

Have you charged any prohibited payments?

There are now strict rules about the fees that you can charge, which are set out in the Renting Homes (Fees etc)(Wales) Act 2019.

Permitted fees include rent, a refundable deposit, council tax, payment for utilities, TV licenses and the like.  Members will find a full list in this FAQ.

Any prohibited payments must be refunded before a valid no-fault eviction notice can be served.  Prohibited payments could include:

• Any holding deposit in excess of the permitted 1 weeks worth of rent, and any holding deposits which should have been returned but have not been
• Requiring contract holders to pay a fee to a third party (e.g. a referencing company or ‘zero deposit’ company) as a condition of being  granted a contract
• Any fees such as application fees, contract set up costs, referencing fees, and inventory charges
• Charging a higher rent in any one period compared to any other period in the contraact (such as charging an extra £500 rent in month 1)

There are other penalties for taking prohibited payments which Landlord Law members can read about in this FAQ.