The Tenant Fees Act 2019 imposes strict restrictions on the types of fees that landlords and lettings agents can charge tenants. Any fees that fall outside the scope of the list of "permitted fees" (such as rent, deposits, and certain default fees) are considered "prohibited fees"  under the Act. 

Charging prohibited fees can result in financial penalties and legal action, so it is crucial that landlords and agents fully understand which fees are not allowed. 

Prohibited Fees Under The Act

The following payments fall under the category of Prohibited fees:

• Checking-in and checking-out fees
• Inventories
• Credit checks
• Professional cleaning
• Administration costs in connection with the tenancy (save for those permitted by the Act)

The aim of the Act is to ensure that tenants are not burdened with additional, unjustifiable fees that can inflate the cost of renting the property. Only those costs directly related to the tenancy and explicitly outlined as permitted payments are allowed. 

Landlords should refer to the Guidance Note: Tenant Fees Act 2019 (England) and  Tenant Fees Act 2019 (England) Matrix for more guidance on The Act.