Commentary on Sections Part 3 Miscellaneous and General Summary and background Section 85: Fees to which the duty applies
468.This section defines ‘relevant fees’ for the purposes of the duty to publicise fees.
469.Subsection (1) provides that ’relevant fees’ are the fees, charges or penalties which a landlord or tenant pays to the agent in relation to letting agency work, property management work or otherwise in connection with an assured tenancy or a dwelling-house let under an assured tenancy. Subsection (2) excludes certain payments from the definition of ‘relevant fees’. Subsection (2)(a) excludes the rent payable to a landlord (many agents collect the rent on behalf of the landlord). Subsection (2)(b) excludes fees, charges or penalties which a landlord has to pay the agent but which the agent simply passes onto another person. For example, an agent may pay a gardener on behalf of a landlord and then reclaim this money from the landlord. Subsection (2)(c) excludes the deposit which is paid by the tenant in respect of the tenancy. Subsection (2)(d) gives the appropriate national authority the power to exclude other payments from the definition of ‘relevant fees’.