Tenant Fees Bill — Schedule 1 -Permitted Payments — 5 Sep 2018 at 16:49
The majority of MPs voted not to further restrict the circumstances in which landlords and letting agents can charge tenants for losses arising from a breach of a tenancy agreement.
MPs were considering the Tenant Fees Bill
The amendment rejected in this vote was:
Amendment 3, page 23, in line 30, leave out paragraph 4 and insert—
- “Payment of Landlord or Agent expenses
- 4 (1) A payment that a tenant is required to make to cover a landlord’s or agent’s reasonable loss arising from a breach of a fair condition of the tenancy agreement by the tenant is a permitted payment.
- (2) In this paragraph a “fair condition” is one that relates to—
- (a) the replacement cost of a lost key or security device, or
- (b) payment of the amount of late rent payments and interest relating to those payments arising under or in connection with the tenancy.
- (3) Paragraph 4(2)(a) does not apply if the payment required—
- (a) pertains to rent that was paid within 14 days of the date due under the tenancy agreement, or
- (b) exceeds the interest at Bank of England base rate on the rent from the day the rent was due to the day it was paid.
- (4) Paragraph 4(2)(b) does not apply if the condition in the tenancy agreement prescribes a fixed fee to be paid for each breach of this term.”
The version of paragraph (4) which, had this amendment not been rejected, would have been removed stated:
- 4(1)A payment that a tenant is required to make in the event of a default by the tenant is a permitted payment if the tenant is required by the tenancy agreement to make the payment in the event of such a default.
- (2)In this paragraph “default” means a failure by the tenant to—
- (a)perform an obligation, or
- (b)discharge a liability,arising under or in connection with the tenancy.
- (3)But if the amount of the payment exceeds the loss suffered by the landlord as a result of the default, the amount of the excess is a prohibited payment.
The rejected amendment was accompanied by the following explanatory statement:
- This amendment would remove default fees as a permitted payment and permit the payment of landlord and agent expenses where there is a clear cost due to a tenant fault.
-  Parliament's webpage on the Tenant Fees Bill
-  Schedule One of the Bill to which the amendment relates
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (No)||Minority (Aye)||Both||Turnout|
|Con||294 (+2 tell)||0||0||93.4%|
|Lab||0||227 (+2 tell)||0||88.1%|