Quick question about the estate agent fees ban - any experts around?

[79problems]

Saw this on a Facebook group: “Be aware that if your current contracts state fees in them then agents CAN still charge you for a further year until 31 May 2020.”

Is this right? I was under the impression that a contract can not override the law?

Contract definitely CANNOT override statute

Depends what the Act (or more likely the statutory regs. made under it) says about contracts in force at the date the Act comes into force.

Yes, I've read that the charges in existing contracts apply for a year after the Act comes into force in June. It's only new contracts which are exempt.

www.generationrent.org/can_letting_agents_charge_tenants_fees

Interesting, three different responses! I guess we will have to wait until it becomes law and see what the law says... a bit frustrating!

It's quite clear in the article linked. Fees are banned if you're moving home from 1 June this year. But if you're under an existing contract, fees in that contract can be charged for a year after that.

Hi Fluffy, yes, that website advises similar to what I read by someone on Facebook, but again there is no source for what it states (for example no quotation from the gov.uk website), and it doesn’t acknowledge the fact that (to my belief) a contract can not override the law. So I think it will be a waiting game to see what is announced nearer the date of the law coming in.

No, a contract can't. But if it's in the law that existing contract fees still count (which it is) then that is the law. There isn't any ambiguity in my mind.

Oh ok, so the tenancy law does specify that then? That’s what I’m looking for, some kind of source or link to the exact wording of the law.

Hopefully this link is the page regarding the transition period.