Prohibitions etc applying to landlords and letting agents
I11Prohibitions applying to landlords
1
A landlord must not require a relevant person to make a prohibited payment to the landlord in connection with a tenancy of housing in England.
2
A landlord must not require a relevant person to make a prohibited payment to a third party in connection with a tenancy of housing in England.
3
A landlord must not require a relevant person to enter into a contract with a third party in connection with a tenancy of housing in England if that contract is—
a
a contract for the provision of a service, or
b
a contract of insurance.
4
Subsection (3) does not apply if the contract is for—
a
the provision of a utility to the tenant, or
b
the provision of a communication service to the tenant.
5
A landlord must not require a relevant person to make a loan to any person in connection with a tenancy of housing in England.
6
For the purposes of this section, a landlord requires a relevant person to make a payment, enter into a contract or make a loan in connection with a tenancy of housing in England if and only if the landlord—
a
requires the person to do any of those things in consideration of the grant, renewal, continuance, variation, assignment, novation or termination of such a tenancy,
b
requires the person to do any of those things pursuant to a provision of a tenancy agreement relating to such a tenancy which requires or purports to require the person to do any of those things in the event of an act or default of a relevant person,
c
requires the person to do any of those things pursuant to a provision of a tenancy agreement relating to such a tenancy which requires or purports to require the person to do any of those things if the tenancy is varied, assigned, novated or terminated,
d
enters into a tenancy agreement relating to such a tenancy which requires or purports to require the person to do any of those things other than in the circumstances mentioned in paragraph (b) or (c),
e
requires the person to do any of those things—
i
as a result of an act or default of a relevant person relating to such a tenancy or housing let under it, and
ii
otherwise than pursuant to, or for the breach of, a provision of a tenancy agreement, or
f
requires the person to do any of those things in consideration of providing a reference in relation to that person in connection with the person's occupation of housing in England.
7
For the purposes of this section, a landlord does not require a relevant person to make a payment, enter into a contract or make a loan if the landlord gives the person the option of doing any of those things as an alternative to complying with another requirement imposed by the landlord or a letting agent.
8
Subsection (7) does not apply if—
a
the other requirement is prohibited by this section or section 2 (ignoring subsection (7) or section 2(6)), or
b
it would be unreasonable to expect a relevant person to comply with the other requirement.
9
In this Act “relevant person” means—
a
a tenant, or
b
subject to subsection (10), a person acting on behalf of, or who has guaranteed the payment of rent by, a tenant.
10
The reference in subsection (9)(b) to a person does not include—
a
a local housing authority within the meaning of the Housing Act 1985 (see section 1 of that Act),
b
the Greater London Authority, or
c
a person acting on behalf of an authority within paragraph (a) or the Greater London Authority.