Tenant Fees Act 2019
A new Tenant Fees Act has come into effect as of 1 June 2019. The Act moves the burden of fees for residential lettings from tenants to landlords.
Apart from rent, the only fees that can be charged to tenants are:
- a refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the 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
- a default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement
Enforcement
Trading Standard Authorities are responsible for enforcing the ban, however district councils that are not trading standards authorities will also have the power to enforce if they choose to do so.
Tenants cannot be evicted using s21 procedure until any unlawfully charged fees or retained holding deposit have been returned
Guidance for landlords, letting agents and tenants