Ludlow v Brennan (2021)

First Tier Tribunal Property Chamber, 8 September 2021
Case Reference: LON/00AM/HTC/2021/0010

This case considered an alleged prohibited payment contrary to the Tenant’s Fees Act 2019 (s15(3). A fee of £393.54 was paid by the applicant to the respondent for a variation to the tenancy whereby the tenant was leaving and new tenant replacing them. The fee was paid for the tenant’s withdrawal and for drafting the new tenancy agreement for the replacement tenant.

Section 3 states that a prohibited payment is anything not permitted under Schedule 1 and under Schedule 1(6) a payment on variation, assignment or novation of a tenancy is permitted unless it exceeds £50 or the reasonable costs incurred.