The Tenant Fees Act 2019 - what a landlord can and cannot charge

The types of payments you as a tenant will see, in more detail

Rent

• pay equal instalments (usually monthly)
• paying less “rent” to hold a vacant property over holiday periods conflicts with the purpose of a tenancy agreement and would be prohibited

Holding deposit (capped to one week's rent equivalent per tenancy)

• to reserve a property before signing tenancy agreement
• specific rules apply to how it is to be treated, when it must be returned to you and when the landlord can keep it
• only pay a holding deposit if you are serious about renting that property

Security deposit (capped to five weeks rent equivalent, per tenancy, if rent is less than £50,000 per year)

• covers damage to property while you live there
• in a shared house you may be liable for damage caused by someone else
• must be protected in approved scheme and information provided to you within 30 days of payment
• deposit scheme can help if you dispute retention by landlord at end of tenancy (capped to 6 weeks rent equivalent, per tenancy, if rent is £50,000 or more per year)

Utility bills and council tax

• must be clear in your tenancy agreement what you are liable to pay, and how
• student occupied properties are exempt from Council Tax, check this is correctly recorded with your Council
• if your name is on the bill, you will be liable for payments and any penalties for late payment
• if your landlord collects all inclusive rent, you cannot be charged an administration fee or collection fee in respect of the bill payments
• if you pay the landlord when the utility bills arrive, check usage and unit calculations are correct

Default fees, loss of key and unpaid rent

Lost key or other security device

• you can be liable for costs reasonably incurred by the landlord if they are supported by written evidence (i.e. receipt) and the tenancy agreement requires the payment to be made

Unpaid rent

• you can be charged interest at 3% above the Bank of England base rate. The tenancy agreement must state such payment will be required in the event of your failure to pay the rent in full, & has been outstanding for more than 14 days.

Changes to a tenancy at the tenant’s request

• if you request a change to the tenancy, you can be charged the reasonable costs incurred in respect of the change up to a maximum of £50. This charge cannot be imposed if the landlord / agent decides to change the tenancy agreement.

Early termination (tenant’s request)

• if you decide to leave the tenancy early within the fixed term or without giving the correct notice period, you can be required to cover the loss incurred by the landlord such as the remaining rent due.
• if you want to leave early, try and discuss your options with your landlord first, to mutually agree an early termination. Always confirm any agreement in writing.
• if the tenancy agreement allows for one tenant to leave and another to take their place (a change of sharer) the agent can charge up to £50 (inc VAT) or their reasonable costs if higher. The agent will have to prove their costs are more than £50 if they charge more. If the tenant wants to leave altogether, the agent can charge their costs in re-letting the property up to the maximum rent still due under the tenancy.

Do not pay these fees, even if they are on the property advert or in your tenancy agreement. If you have been charged a prohibited payment contact the Citizens Advice consumer service on 0808 223 1133 or use their online reporting form.