These are payments permitted under the Renting Homes (Fees Etc.) (Wales) Act 2019 by Tenants or Contract-holders under a Tenancy or occupation contract.
Default fee for late payment of rent
The prescribed limit in the case of a failure by a contract-holder to make a payment of rent to a landlord by the due date is to be determined as follows:
a) In the case of a failure to make a payment of rent before the end of the period of seven days beginning with the due date, the prescribed limit is zero.
b) In the case of a failure to make a payment of rent after the end of the period of seven days beginning with the due date, the prescribed limit is the aggregate of the amounts found by applying, in relation to each day after the due date for which the rent remains unpaid, an annual percentage rate of three percent above the Bank of England base rate to the amount of rent remains unpaid at the end of that day.
Deposit
Payable before the start of the Tenancy and held under a Government approved scheme for the duration of the agreement. It will be repaid in full provided all obligations have been fulfilled.
Holding deposit
Equivalent to one week’s rent (as statutorily prescribed). This will be withheld if any relevant person (including any guarantor(s)) withdraws from the Tenancy, provides materially significant false or misleading information, or fails to sign their Tenancy ~(and/or guarantor agreement) within the Deadline for Agreement where one has been mutually agreed in writing, or 15 calendar days if there is no Deadline for Agreement.
Default payments
If the Tenant breaches any of the requirements of the agreement, the Tenant may be liable to pay the Landlord for any losses incurred as a result of: a failure by the Tenant to make a payment by the due date to the Landlord or, a breach by the Tenant of a term of the contract, both subject to any statutorily prescribed limit.
The losses the Landlord may claim may include, damages, costs, charges, and expenses incurred as a result of the breach, that the Landlord was unable to mitigate, to put the Landlord back in the same position as if the Tenant had not breached the agreement.
Council Tax
Payable to the billing authority, if the Tenant is liable.
Utilities
Including water, sewerage, gas (or other heating fuel) and electricity including any Green Deal costs) payable in respect of the Property, and if required in the Tenancy. This may be payable to the Landlord or to the utility provider.
Television licence
Payable if the Tenant is contractually required to make a payment to the British Broadcasting Corporation.
Communication services
Payable to a provider of: internet, cable or satellite television, telephone services, other than mobile, if the payment is contractually required.
Loss of keys or other security device
The actual costs, as evidenced by invoice or receipt, related to a breach of contract leading to the requirement for a lock to be added or replaced or a key or other security device giving access to the Property to be replaced.
Company Let Fee
£300+VAT
Failure to provide access
Under clause 10.1 of the occupation contract, the contract-holder must permit access to the dwelling, on the notice specified in the contract, for inspections, repairs, works, viewings and the general management of the dwelling. The full obligation and the associated liability are set out in clause 10.1 as follows:
10.1(1) The contract-holder must permit the principal contact or others, after giving 24 hours’ written notice and at reasonable hours of the daytime, to enter the dwelling: to view the state and condition and to execute repairs and other works upon the dwelling or other properties, or to show prospective purchasers the dwelling at all times during the contract and to erect a board to indicate that the dwelling is for sale, or to show prospective contract-holders or tenants the dwelling, during the last month of the contract and to erect a board to indicate that the dwelling is to let. to take photographs for use in promoting the dwelling for sale or rental, or as evidence of damage or breach of this contract. The contract-holder will ensure that the electricity and gas is kept on, the dwelling is kept in a tidy and presentable condition and the dwelling is kept warm during viewing periods.
10.1(2) On being given at least 24 hours’ notice, the contract-holder must allow the principal contact, or others, access for any other reasonable purpose for the general management of the building or dwelling including (but not limited to): surveyors, energy assessors and contractors.
10.1(3) The contract-holder must afford all reasonable facilities for executing any works or repairs which the landlord is entitled to execute.
10.1(4) Any breach of any part of paragraph (1), (2) or (3) of this term may result in the contract-holder being liable for any costs or losses (including potential costs or losses) as a result of the breach. Those costs or losses include (but are not limited to) potential rent loss and contractor call-out fees which the landlord may not otherwise have been liable for.
Damage to the Property
The Tenant will be liable for any losses, as evidenced by invoice or receipt, from damage to the Property caused by the activity, or failure to act, by the Tenant or their guests.
Replacement Statement
Where the contract-holder requests a replacement written statement the legislation allows for this to be charged for. A charge cannot be made for the original statement, only where a duplicate is requested.
Emergency/out of hours call-out fees
Any losses or additional losses suffered by the Landlord, as evidenced by invoice or receipt, as a result of the Tenant arranging an emergency, out of hours contractor call-out where the work was not an emergency or the works were required as a result of the Tenant’s actions.
