A quick question about the Tenant Fees Act 2019 for any lawyers.
Can a landlord charge a tenant a fee for breach of contract?
DD's landlord is charging them a £50 admin fee because the professional cleaners they booked failed to finish the end of tenancy clean before the check out inventory after the cleaner injured herself and had to leave. The cleaners were willing to return to complete the job to the landlord's satisfaction but landlord's secretary suggested it was "easiest if they booked the landlord's preferred cleaners and deducted the cost from the deposit" as the landlord had builders coming in to work on the property straight after the inventory was done (they actually arrived several hours before but the tenants didn't allow them to start work before the inventory).
Originally, when they were sent the proposed deductions, a "flat rate adminstration fee of £50" for booking the cleaner (that was much more expensive, of course) was on the list. The admin fee is from the landlord's company who deal with all the property management/maintenance, not a letting agent. However, landlord claims they are not a property management company, they are an "asset management company" 🙄The flat (and all 9 flats in the building) are owned by the landlord personally, NOT the landlord's company.
When they queried whether this was a permitted fee under the Tenant Fees Act 2019, they were told that it was not actually an admin fee, it was a fee for breach of contract, which is permitted and changed the wording to this:
"Admin Charge (this charge covers fees for breach of contract: for arranging cleaning following your failure to clean your flat as per section 1.48 of contract) £50"
My interpretation of the act is that the landlord can only charge for losses as a result of breach of contract, not a "fee for breach of contract" and this is not permitted. Any thoughts?