Guidance Note: Tenant Fees Act 2019 (England) 
This Guidance Note: Tenant Fees Act 2019 is for use by residential landlords and lettings agents in England who need to understand and comply with the requirements of the Act.
What is The Tenant Fees Act 2019?
The Act came into force in 2019 and provided transparency on the types of fees that landlords and lettings agents can charge a tenant under the tenancy agreement. The Act sets out fees and charges which are permitted and chargeable, and fees and charges which a landlord or letting agent cannot charge and prohibited under the Act.
Welsh landlords should refer to Renting Homes Wales.
Penalties for Non Compliance
If a landlord or letting agent has breached the Act they can be issued with a civil penalty of up to £5,000 for an initial breach, and £30,000 for any subsequent breach within 5 years. In the most serious cases landlords and letting agents can be subject to criminal proceedings.
Why is this Guidance Note important for Landlords?
With the forthcoming Renters Rights Bill certain provisions of the Tenant Fees Act 2019 may be amended. These potential changes could affect permitted payment relating to rent in advance, and clarity on deposits or insurance fees for tenant with pets. This updated Guidance Note explains the key provisions of the Act, including which tenancies are affected, the types of payments that landlords and agents are permitted to charge, and those that are expressly prohibited under the law and reflects the latest legal requirements ensuring landlords and lettings agents have access to accurate and up-to-date information. It is recommended to monitor the progress of the Bill progressing through Parliament.
In addition, this Guidance Note highlights the penalties of non- compliance with the Act, helping landlords understand the potential financial consequences of breaching legislation. Its also provides practical steps and best practice recommendations for ensuring full compliance.
This Guidance Note: Tenant Fees Act 2019 is duplicated in the Estate Agents Terms and Conditions for lettings professionals who manage properties on behalf of landlords.
By following this Guidance Note, residential landlords and lettings agents can ensure they comply with current legislations, reduce risk of enforcement action, and maintain professional, transparent relationships with tenants.
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