- Enforced by
- Trading Standards
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Prosecution 1 of 3 obligations carry an unlimited fine. 2 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Trader1
Landlord1
Any Person1
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Trader — also bound by 825 other Acts
Value Added Tax Regulations 1995
416 duties
Companies Act 2006
243 duties
Companies Act 1985
85 duties
Landlord — also bound by 224 other Acts
Any Person — also bound by 2340 other Acts
Human Medicines Regulations 2012
184 duties
Merchant Shipping Act 1995
144 duties
Insolvency (England and Wales) Rules 2016
104 duties
Communications Act 2003
92 duties
Road Traffic Act 1988
92 duties
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
s.001
Prohibitions applying to landlords (opens in a new tab)
Regulated
- Do not require prohibited payments, contracts, or loans from tenants or guarantorsLandlord
s.002
Prohibitions applying to letting agents (opens in a new tab)
Regulated
- Do not charge prohibited fees to tenants or landlordsTrader
s.012
Offences (opens in a new tab)
Prosecution
- Repeat breach of tenant‑fee rules after penaltyAny Person
Unlimited fine
34 other provisions — procedural and definitional
s.005
Pre-tenancy payments of rent: prohibitions
s.005
Effect of a breach of section 5A
Schedules
Schedules
0 of 40 shown40 other schedules
s.sch001
(1) A payment of rent under a tenancy is a...
s.sch001
(1) A payment to the British Broadcasting Corporation in respect...
s.sch001
(1) A payment for or in connection with the provision...
s.sch001
(1) If the amount of rent payable in respect of...
s.sch001
(1) A payment of a tenancy deposit is a permitted...
s.sch001
(1) Subject to sub-paragraphs (3) to (6), a payment of...
s.sch001
(1) Subject to sub-paragraphs (3) to (8), a payment in...
s.sch001
A payment of damages for breach of a tenancy agreement...
s.sch001
(1) A payment is a permitted payment if it is...
s.sch001
(1) A payment is a permitted payment if it is...
s.sch001
(1) A payment to a billing authority in respect of...
s.sch001
(1) A payment for or in connection with the provision...
s.sch002
This Schedule applies where a holding deposit is paid to...
s.sch002
Subject to paragraph 13, paragraph 3(c) does not apply if...
s.sch002
Subject to paragraph 13, paragraph 3(c) does not apply where...
s.sch002
Subject to paragraph 13, paragraph 3(c) does not apply where...
s.sch002
Paragraph 10, 11 or 12 does not apply (so that...
s.sch002
(1) In this Schedule “the deadline for agreement” means the...
s.sch002
Subject as follows, the person who received the holding deposit...
s.sch002
If paragraph 3 applies, the deposit must be repaid within...
s.sch002
(1) The person who received the holding deposit must repay...
s.sch002
Paragraph 3(a) does not apply if or to the extent...
s.sch002
If all or part of the amount of the deposit...
s.sch002
Paragraph 3(b) or (c) does not apply if—
s.sch002
Paragraph 3(b) or (c) does not apply if the tenant...
s.sch003
(1) In this Schedule references to a financial penalty include...
s.sch003
Where an enforcement authority imposes a financial penalty under this...
s.sch003
Any proceeds of a financial penalty imposed under this Act...
s.sch003
(1) In paragraph 10, “enforcement functions in relation to the...
s.sch003
(1) This paragraph applies where an enforcement authority proposes to...
s.sch003
A person who receives a notice of intent may, within...
s.sch003
(1) After the end of the period mentioned in paragraph...
s.sch003
(1) The enforcement authority may at any time—
s.sch003
(1) A person on whom a final notice is served...
s.sch003
(1) This paragraph applies if a person who is liable...
s.sch003
(1) This paragraph applies if a person who is liable...
s.sch003
(1) An enforcement authority may help a relevant person to...
Help complying
Guvnor’s practical routes through this instrument.
Start a lettings agency
Compliance requirements for starting a property letting business in the UK
Protect tenant deposits within 30 days
Legal requirement to protect tenant deposits with government-approved scheme within 30 days. Covers deposit protection deadlines, deposit amount limits, and geographic differences …
Set up a property letting business
Five mandatory compliance requirements for lettings agents operating in England. Register before you trade to avoid penalties up to £30,000.
1 more guide that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.