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Tenant Fee Ban: Updated tenancy agreement forms for landlords

Victoria Barker
Written by Victoria Barker

In less than two weeks time, the Tenant Fees Act will come into force in England.

The Act will make it illegal for landlord and agents to charge certain fees, for new tenancies that are signed on or after 1st June 2019.

Holding deposits, rent, deposits and charges for defaulting on the contract are all exempted from this ban, however they face some restrictions. Read our guidance for more on this.

New tenancy agreement forms for landlords

Ahead of the fee ban coming into force, the RLA has updated its tenancy agreements and forms for members.

The forms that have been updated to reflect the tenant fees ban include:

Learn more about the Tenant Fee Ban

  • As the 1st June 2019 draws nearer, our Landlord Advice team are receiving more calls about the new legislation. Have a read of a recent call of the week, on the tenant fee ban and student tenancies here.
  • To understand more about the tenant fee ban in England, including a list of fees that will be allowed an which tenancies it will apply to on 1st June 2019, read the RLA’s Tenant Fees Act guide here.
    Calculate how much deposit you will be able to take once the fee ban is in force for new tenancies by using a deposit calculator tool, developed by the Tenancy Deposit Scheme.
  • Are you a landlord with a property in Wales? Please note that the Tenant Fees Act applies to England only. Fees are also set to be banned in Wales, with the Renting Homes (Fees etc.) (Wales) Bill becoming an Act of the Assembly in May. Fees are due to be banned in Wales from 1st September.
  • Do you have a specific question about the tenant fee ban? RLA members can give our Landlord Advice Team a call or drop them an email during working hours. Contact our advice team today.

About the author

Victoria Barker

Victoria Barker

Victoria is the Communications Officer for the RLA.

She is responsible for producing articles for our Campaigns and News Centre, the weekly E-News newsletter and media review, and creating social media content. She also contributes to our members magazine, Residential Property Investor.

1 Comment

  • As I understand it, the way the Tenant Fees Act is drafted, applying a proscribed fee under the Act is lawful provided it is chosen by the tenant (or prospective tenant) as an alternative to something which is not proscribed.

    It is lawful under the act to require a guarantor, provided the guarantor is not charged fees for credit checking.

    Before accepting a holding deposit, why not give prospective tenants a choice between providing a guarantor who is a property owner, or paying £32 to fund a credit check for each prospective tenant? The property-owning status of the guarantor can be checked online for a Land Registry search fee of just £3 (or a full credit check could be carried out if desired at the landlord’s expense). If however the prospective tenant opts instead for the credit check, then surely the credit check fee can lawfully be charged to the tenant?

    If at the outset the landlord makes it clear that a condition of providing a tenancy is either to provide a property-owning guarantor or to pass a credit check, then potentially not only is/are the credit check(s) funded by the prospective tenant(s), but also the holding deposit is non-returnable in the event of the prospective tenant(s) failing the check(s).

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