Lettings Agency Fee List for Landlords and Tenants
This Lettings Agency Fee List for Landlords and Tenants is designed to help Lettings Agencies comply with their obligations in the Consumer Rights Act 2015 (CRA) to publicise their fees. The relevant sections of the CRA came into force on 27 May 2015.
This Lettings Agency Fee List has been updated to reflect the changes introduced by the Tenant Fees Act 2019 ('TFA') (which affects England only) and the Renting Homes (Fees etc.) (Wales) Act 2019 ('RHFWA') (which affects Wales only). Whilst similar, the TFA and RHFWA are different. It is important that landlords and letting agents are aware of the differences and comply with the regimes in their respective countries. Please see our Guidance Notes on both the TFA and RHFWA for further information.
The obligations apply to lettings and property management agents. The list of fees must be complete and clearly explained. It must include all fees, charges and penalties payable to the agent by the landlord or tenant (not including rent or tenancy deposit). Amounts should be expressed inclusive of VAT. If the exact amount cannot be determined, the agent must give details of how the amount is calculated (e.g. a specified percentage of the monthly rent).
This template document contains a list of services an agent might provide, a description of what the service entails, an indication of the cost and details of whether the landlord or tenant (or both) is to pay for the service.
If the property is in England, any fees payable by the tenant in respect of a tenancy caught by this act must be 'permitted payments' as required under the TFA. Agents can face fines of up to £5,000 for a first offence and could be liable for further fines and could be guilty of a criminal offence for repeat offences.
If the property is in Wales, any fees payable by the tenant in respect of an assured shorthold tenancy agreement must be 'permitted payments' as required under the RHFWA. Any breach of the RHFWA is an offence and is prosecutable in the magistrates' court and the offender will be liable for a fine.
The list must be edited by the user to reflect the services actually provided by the agency.
The document also includes a statement as to whether the agent is a member of a client money protection scheme. This statement must be included if the agent holds money on behalf of landlords or tenants.
There is also an optional statement regarding membership of a redress scheme (i.e. an ombudsman scheme). This statement must be included if the agent is required by law to belong to a redress scheme.
The List must be displayed in a prominent place at each of the agency’s premises and also on the agency’s website (if it has a website). Under the Tenant Fees Act 2019 (in force 01 June 2019) the CRA was amended to ensure that agents who advertise on third party websites (such as Zoopla or Rightmove) must also ensure that their fee list is published on the third party website or there is a link to the agent's website where the fee list is published. There are financial penalties for agents who do not comply with the rules.
The RHFWA gives Welsh Ministers the power to introduce regulations in the future to amend the CRA to require letting agents who advertise properties in Wales on third party sites (such as Zoopla or Rightmove) to publicise their fees on their sites.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Lettings Agency Fee List for Landlords and Tenants is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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