Tenant fees may apply to rental property
As of 1 June 2020, the ban applies to all applicable tenancies, student lets or licence to occupy housing in the private rented sector regardless of when they were entered into. Landlords will be responsible for the costs associated with setting up, renewing or ending a tenancy (e.g. referencing, administration, inventory, renewal and checkout fees). You should challenge a landlord or agent if you think they are charging an unlawful fee.
A landlord or agent cannot require you (or anyone acting on your behalf or guaranteeing your rent) to make certain payments in connection with a tenancy in England. They cannot require you 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 you can be asked to make 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 you to pay it.
The Tenant Fees Ban applies to all assured shorthold tenancies, tenancies of student accommodation and licences to occupy housing in the private rented sector in England. Most tenancies in the private rented sector are assured shorthold tenancies. More about the Tenant Fees Ban
