Beata explains the tenant fees act

Navigating tenancy laws can feel overwhelming, especially when it comes to understanding what fees are legal and which are not. In this blog, Beata breaks down the Tenant Fees Act 2019 and explains which tenants are protected under it, and which types of tenancies fall outside its scope.

The Act was designed to protect tenants from unnecessary and excess fees being charged by agents and landlords. The law can be difficult to navigate.

If you are a residential tenant in the private rented sector living in England or Wales, you might be protected by the Tenant Fees Act 2019. Certain types of tenancies fall under the scope of the Act and restrict the fees a landlord or letting agents can claim from tenants.

The Act applies to Assured Shorthold Tenancies (AST), student accommodation tenancies and licences to occupy housing in the private rented sector.

What does this mean for tenants of Common Law tenancies?

A Common Law Tenancy is one  that falls outside the statutory protections afforded to AST’s and are determined by the terms of the contract rather than by housing legislation. Examples of Common Law Tenancies would include for instance tenancies where the landlord lives in the same property as the tenant, tenancies of purpose-built student accommodation, tenancies where the annual rent exceeds £100,000 and tenancies granted to companies.

If you have entered a Common Law tenancy, the Tenant Fees Act 2019 will not apply to you. This means that your landlord and agent can pretty much charge all sorts of extra fees such as check in and out inventory report costs, higher deposits and a host of other “administration” costs. 

If you are a tenant and your tenancy type is protected by the Tenant law Act 2019 and you have been asked by a landlord or letting agent to make additional payments in relation to your tenancy for matters such as check in and out fees, inventory checks and more, be sure to understand  what is and is not payable. 

For more information, please get in touch.

Call us on 01753 486 777 or email us info@astonbond.co.uk