TENANT FEES TOOLKIT

The Tenant Fees Act comes into force on 1 June 2019. To help members comply with this complex piece of legislation, our ‘Tenant Fees Toolkit’ will support you through every step of the transition and beyond. The toolkit will help you to ensure your compliance with the Tenant Fees Act 2019, implement changes and communicate confidently with all of your clients.

 

 

 

What's included?

We have put together a whole host of resources to help you understand the fee ban and to help your business comply. These resources include a series of template documents, case studies from Scotland, bite-size videos and FAQs. Use the links above or keep scrolling to find what you need.

Useful information

Fact sheet

Fact Sheets

Ten fact sheets covering various aspects of the ban.

Download *

Tips

10 Practical Tips

Practical tips to help deal with the loss of income.

More info...

Scotland

Case Study from Scotland

Scottish agent reveals how they overcame their ban.

Download *

Tenant fees consumer guide

Tenant Guide

Information to provide to your tenants about the ban.

Download *

TDS guide

TDS Deposit Cap Solution

This TDS guide provides information on the new deposit cap.

Download

parliament

Government Guidance

Tenant Fees Act 2019: Guidance for landlords and agents.

Download

*You will be required to log in to the members' area before you can download these resources. They are also available in the online shop.

BITE-SIZE VIDEOS

We have put together a series of 18 short videos to help explain parts of the ban. Hit play to watch all the videos in order, or if you want to watch a specific video please visit our YouTube channel.

Topics include:

  • An overview and prohibited payments
  • What you can charge
  • Variation of contract
  • Change of sharer and surrender of tenancy
  • Energy efficiency
  • Deposit Replacement insurance
  • Holding deposits overview
  • Withholding the holding deposit
  • Refunding the holding deposit
  • False and misleading statements
  • Default fees
  • Scope of the tenant fees ban
  • Existing tenancies — fees
  • Existing tenancies — deposits
  • Tenancy deposit protections
  • Enforcement and penalties
  • Fee transparency
  • What is client money

Legal documents

Document

Tenancy Agreements

AST templates with Tenant Fees Act compliant sections on Default Fees and a new Deposit clause.

Document

Fee Templates

New fee templates because not all fees are going away completely.

Document

Template Letters

Templates for communicating when a Holding Deposit needs to be refunded, forfeited or transferred.

Download from the Online Shop

Frequently Asked Questions

Agents from all around the country have been asking us questions about how the Tenant Fees Act will affect them. We have brought together 71 of the most frequently asked questions and included the answers in our Tenant Fees Toolkit.

Below are the answers to a few of the questions but to access the full set download the Tenant Fees Toolkit from the online shop.

What leases are not affected by the Tenant Fees Act?

All non-Housing Act tenancies are excluded from the ban, as are Assured Tenancies. Company Lets do not fall under the remit of the Housing Act so fees can be charged to the company, but the company is then issuing a Licence to Occupy to its staff and will therefore not be able to charge its staff for moving into the property

Can agents charge Utility bills on top of the rent?

Yes, landlords and agents can charge for Utility bills on top of the rent but need to make sure the charges levied on the tenant do not exceed the cost of the utilities, otherwise, agents will be breaching the Maximum Resale Price Provisions set by Ofgem. Therefore, agents might want to consider charging an all-inclusive rent, instead of rent + an additional amount for bills.

Is the Holding Deposit cap for per tenant or per property?

The Holding Deposit cap applies per property. If tenants are jointly liable for the rent and are entering a joint contract, the Holding Deposit is capped at the weekly rent in which they pay as a whole. For example: three joint tenants agree to a weekly rent total of £240, so the Holding Deposit is capped at this amount, if they chose to split this equally, they would pay £80 each.

Is a bad landlord reference classed as false and misleading information?

No, a bad landlord reference is not classed as false and misleading information. The tenant must have actively lied. Therefore, agents may want to consider asking tenants about any history of rent arrears or anti-social behaviour during the last tenancy. They can then ask the landlord the same question, and if the answers are different, this would constitute as false or misleading information, but a bad landlord reference alone does not constitute as false and misleading information.

What happens if the tenant offers to pay a higher Tenancy Deposit?

Agents cannot accept a higher Tenancy Deposit. The deposit cap is absolute, there are no exceptions. If an agent takes any deposit over the cap it will be a Prohibited Payment.

Can an agent insist on specific utility providers?

No, agents cannot insist on specific utility providers. Tenants as the bill payers are entitled to choose whichever utility provider they so wish. A clause in the tenancy agreement can be added that the utilities must be returned to the original provider at the end of the tenancy.

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GET FULL ACCESS

Members

We have added all of the exclusive elements of the toolkit to the online shop so that you can access these in a single place. If you do not know your login for the online shop please email publications@propertymark.co.uk

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Non-members

Some of the resources included in our toolkit are exclusively available to ARLA Propertymark members. In order to gain access please apply for ARLA Propertymark membership.

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