Prohibitions etc applying to landlords and letting agents

3Prohibited and permitted payments

1

For the purposes of this Act a payment is a prohibited payment unless it is a permitted payment by virtue of Schedule 1.

2

The Secretary of State may by regulations made by statutory instrument amend Schedule 1 by adding, modifying or removing a reference to a permitted payment.

3

The power in subsection (2) does not extend to removing rent from the categories of payment which are permitted payments under this Act.

4

Regulations under this section—

a

may make different provision for different purposes;

b

may make supplemental, incidental, consequential, transitional, transitory or saving provision.

5

Subject to subsection (6), a statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

6

Subsection (5) does not apply to a statutory instrument containing only regulations under this section which amend the amount for the time being set out in paragraph 6(2)(a) of Schedule 1 (maximum amount of permitted payment on variation, assignment or novation of a tenancy) for the purposes only of reflecting changes in the value of money.

7

A statutory instrument to which subsection (6) applies is subject to annulment in pursuance of a resolution of either House of Parliament.