Tenant Fees Act 2019
A landlord or agent cannot require a tenant (or anyone acting on behalf or guaranteeing rent of a tenant) to make certain payments in connection with a tenancy in England. They cannot require tenants to enter a contract with a third party for the provision for a service or for insurance or make a loan in connection with a tenancy.
The only payments in connection with a tenancy that can be asked to be made are:
- the rent
- a refundable tenancy deposit capped at no more than five weeks' rent where your total annual rent is less than £50,000, or six weeks' rent where your total annual rent is £50,000 or above
- a refundable holding deposit (to reserve a property) capped at no more than one week's rent
- payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
- payments associated with early termination of the tenancy, when requested by the tenant
- payments in respect of utilities, communication services, TV licence and council tax; and
- A default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement.
If the payment a landlord or agent is charging is not on this list it is not lawful, and a landlord or agent should not ask a tenant to pay it. A landlord cannot evict a tenant using the section 21 eviction procedure until they have repaid any unlawfully charged fees or returned an unlawfully retained holding deposit. All other rules around the application of the section 21 evictions procedure will continue to apply.
- View or download the Tenants guidance