(This post applies to England only)
Last year, on 1 June 2019 the Tenant Fees Act came into force in England. It severely limited landlords and agents ability to charge fees to tenants. You can read our original post setting out the rules here.
At that time the new rules only applied to new tenancies signed on or after 1 June 2019.
However, from now on (ie after 1 June 2020), ALL prohibited payments will be unlawful, regardless of when the tenancy agreement was signed.
This means that any fees clauses in tenancy agreements will be invalid and if you charge those fees
The only situation where you will not need to make a refund is if you have taken, in respect of a pre-June 2019 tenancy, a deposit of over 5 weeks rent. This does not need to be refunded until such time as the tenancy is renewed.