Prohibition of tenant fees
Prohibition of tenant fees

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Prohibition of tenant fees
  • Tenancies affected
  • Tenants affected
  • Payments prohibited
  • Payments allowed
  • Holding deposit
  • Recovery of payments by tenants
  • Restriction on termination of tenancies
  • Transitional provisions
  • Enforcement in England
  • more

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential tenancies in England to make payments other than those specifically permitted. The effect is to prohibit the charging of fees by the landlord’s agent for viewings, background checks, inventories, or anything else not expressly allowed. It also sets limits on the amount of money that can be demanded as a security or holding deposit, and for certain other payments and requires property agents to belong to an approved or designated CMPS.

Similar legislation affecting properties in Wales, the Renting Homes (Fees etc) (Wales) Act 2019 (RH(Fe)(W)A 2019), came into force on 1 September 2019. It is not identical to TFA 2019; the key differences are identified below.

Tenancies affected

TFA 2019 applies to any ‘tenancy of housing in England’. A ‘tenancy’ means:

  1. an assured shorthold tenancy (AST) under section 19A of the Housing Act 1988 (HA 1988) (see Practice Note: Assured and assured shorthold tenancies—granting), other than

    1. a tenancy of social housing (within the meaning of the Housing and Regeneration Act 2008)

    2. a long lease for the purposes of Chapter 1 of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (leases for over 21 years and others) (including shared ownership leases that