The Welsh Government’s own guidance on the tenancy fee ban, which came into force at the weekend, is incorrect.
Solicitor Robin Stewart, at Anthony Gold, says it contains “serious errors”.
He said that the guidance describes itself as “non-statutory” and that, providing Welsh local authorities have considered it, they do not have to stick to it.
Stewart picks several large holes in the guidance.
He says that it has not dealt with the issue of statutory period tenancies arising at the end of a fixed term after the ban came into force, and whether they come within its scope.
He also criticises the guidance for saying that fees cannot be charged to change a joint tenancy agreement when one tenant leaves and is replaced by another.
The guidance also says that fees cannot be charged for amending a tenancy agreement.
Stewart says these fees are permissible in Wales: “The Welsh Government guidance mis-states the law by claiming that fees for varying a tenancy agreement or arranging a change of sharer are unlawful.”
He goes on: “This confusion is only going to result in difficulty for landlords, tenants and agents to keep track of their legal rights and obligations during what is already a time of significant legal upheaval for the Welsh private rented sector.”
Stewart’s full observations are here: