Tenant Fees Act 2019 applies to all tenancies from 1 June 2020
c.jermyn • May 29, 2020
Reminder - The Tenant Fees Act 2019 applies to all tenancies from 1 June 2020
The Tenant Fees Act 2019 came into force on 1 June 2019. The Act allowed for a 12 month transitional period, so that the Act would not apply to tenancies entered into before 1 June 2019. That transitional period is now over and the Act now applies to all tenancies, even those that existed before 1 June 2019.
The Government guidance can be accessed using this link and is certainly worth a read to refresh on the rules:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819634/TFA_Landlord_and_Agent_Guidance_190722.pdf
In short, unless the payment is one of the payments included in the Act as permitted then it is prohibited. The permitted payments include:
- the rent
- a refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the 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, where required under a tenancy agreement
There are also some practical considerations that need to be addressed:
Do deposits taken before 1 June 2019 above the 5 week cap need to be returned?
The Act only concerns itself with payments "made" after 1 June 2019. If the deposit was paid before 1 June 2020 then unless the tenancy is renewed, the deposit does not need to be adjusted or returned.
Can Landlord's still charge cleaning fees that were included in the agreement dated before 1 June 2019 when the tenancy comes to an end after 1 June 2020.
No. The payment would be "made" after the transitional period and would be considered a prohibited payment.
It is important that tenancies are reviewed for prohibited payments as, aside from the risk of a fine, any section 21 notice served whilst a prohibited payment has been taken and not returned is invalid. This could be a costly mistake when trying to obtain possession. The new accelerated possession claim released in April this year, requires confirmation that no prohibited payments have been taken.
If you would like to discuss the implications of the Tenant Fees Act 2019, then please get in touch and our specialised residential landord and tenant team will be happy to help.
Contact Us
News & Insights
We are delighted to share that Woodstock Legal Services has been shortlisted for Conveyancing Firm of the Year - South of England at the Modern Law Conveyancing Awards 2026 . We are also proud to see Bethany Hudson , one of our Consultant Licensed Conveyancers, shortlisted for Rising Star of the Year. With our head office in Poole, Dorset, we are proud of our roots in the South West and the relationships we have built within the region’s property community. These shortlists recognise both the strength of our Residential Property team and the people behind the scenes who support our clients throughout their property journey. At Woodstock Legal Services, our focus has always been on building a conveyancing service that works for both our clients and our consultants. By bringing together experienced conveyancers with dedicated back-office support and the right infrastructure, we aim to make the process of buying and selling property as straightforward as possible, while giving our lawyers the flexibility and support to deliver excellent client care. Our connection to the South West remains an important part of who we are. Through relationships with local property professionals and organisations such as Poole Property Club , we continue to build connections within the property market while supporting clients across England and Wales. Over the past year, our Residential Property team has continued to grow, supported by investment in our people, processes and technology. Our dedicated back-office teams play an equally important role, helping keep transactions moving so our conveyancers can focus on their clients and the legal work that matters most. Being shortlisted for Conveyancing Firm of the Year in the South of England is a recognition of the collective effort behind our service, from the conveyancers working directly with clients to the teams supporting them behind the scenes. Car Jermyn Managing Director of Woodstock Legal Services, added: " I’m incredibly proud to see Woodstock Legal Services shortlisted for Conveyancing Firm of the Year and Bethany Hudson recognised as a Rising Star. Both awards reflect the quality of our lawyers and the commitment of the wider team supporting them. It’s great to see the work happening across our business recognised, particularly in the South of England, where our roots are firmly established. " A growing modern law firm As we continue to grow, we are always keen to speak with experienced lawyers who want to work differently, be properly supported, and be part of a collaborative community. Behind every successful consultant is the right firm. Click here to see why consultants choose Woodstock.
England's new landlord register launches 15 Dec 2026 under the Renters' Rights Act. Check your regional deadline and avoid fines up to £40,000
Untangling a historic trust, title restriction and finance issues on a £1.45m commercial property sale - a Woodstock case study
Grass and wildfires are spreading across the UK. Find out when an accidental fire becomes negligence, and who could be liable for the resulting damage.
Expert property solicitor Pedro answers questions on auction purchases, refinancing, title splits and multi-unit property investments. Get practical legal guidance.
Invested in a care home, hotel or student flat scheme that collapsed? Learn what an unauthorised Collective Investment Scheme means for you.
Section 114 Notices are already landing. Zoe Turner explains what local authorities can demand under the Renters' Rights Act, and how to prepare.
Using a Lifetime ISA to buy your first home? Bethany Hudson explains how LISA withdrawals work in a property transaction, what to tell us early, and how to avoid costly delays.
What changes under the Renters’ Rights Act affect Welsh landlords? Learn about anti-discrimination rules, occupation contract updates, compliance deadlines and what does not apply in Wales.
