Subsection (1) provides that Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is to be amended by subsections (2) and (3).
	Subsection (2) inserts paragraphs (1A) and (1B) into Schedule 1 to the Tenant Fees Act 2019 and provides that a payment of rent under an assured tenancy is a prohibited payment where it is payable before a tenancy is entered into.
	Subsection (3) inserts new paragraph 1A into Schedule 1 to the Tenant Fees Act 2019. This new paragraph ensures that existing provisions at paragraphs (2) to (8) of Schedule 1 concerning prohibited payments of increased rent continue to apply as intended.
	Subsection (4) inserts new sections 5A and 5B into the Tenant Fees Act 2019. Section 5A prohibits landlords and letting agents from inviting, encouraging, accepting an offer of, or accepting a payment of rent in advance from tenants or third parties before a tenancy is entered into. Section 5A also gives a power to the Secretary of State to amend the circumstances in which the prohibitions on pre-tenancy rent payments (defined at subsection 5A(8)) at subsections 5A(1) to (4) apply. Section 5B provides that a term of a tenancy agreement that breaches the prohibitions in section 5A is not binding on a tenant but that otherwise the agreement continues to have effect.
	Subsection (5) makes consequential amendments to the Tenant Fees Act 2019 to ensure that the enforcement provisions in this Act apply to breaches of new section 5A and that landlords will be required to repay payments received in breach of these prohibitions where enforcement action is taken by the local authority.
Part 1: Tenancy reform Chapter 1: Assured Tenancies Section 9: Prohibition of rent in advance before lease entered into Effect