The Tenants Fees Act 2019 - Questions and Answers: the position in 2026
The Tenants Fees Act 2019 - Questions and Answers is a detailed guide to understanding the legal framework governing tenant fees and deposits in England as of 2026. This act, which came into effect on June 1, 2019, was designed to protect tenants from unreasonable charges levied by landlords and letting agents. By banning certain fees and capping deposit amounts, it aims to ensure a more equitable rental market.
2026 update - Renters' Rights Act 2025: The rules on rent rises have changed. Under the Renters' Rights Act 2025 your rent can be increased only once a year, and only through a formal Section 13 notice. If the increase is above the going market rate you can challenge it at the First-tier Tribunal, which cannot raise it any higher than the landlord proposed. Rental bidding wars are also being banned. The Act is being phased in across 2026. See our Renters' Rights Act 2025 guide.
The Tenants Fees Act 2019 is particularly significant in the context of evolving tenant rights legislation, such as the Renters' Rights Act 2025, which further strengthens protections for tenants against unfair practices. In 2026, these laws continue to influence how tenancies are managed and disputes resolved.
What the law says
The Tenants Fees Act 2019 is based on several key statutes, including the Housing Act 1988 (Sections 8, 13, 21), the Housing Act 2004 (Sections 213-215), and the Landlord and Tenant Act 1985 (Section 11). Additionally, the Deregulation Act 2015 introduced provisions under Section 33 that enabled the implementation of this new act.
Under the Tenants Fees Act 2019, landlords and letting agents are prohibited from charging tenants certain fees. Specifically, they can't charge for a tenancy agreement or renewals (often termed "administration fees"), credit checks, or inventories. The law also restricts deposit amounts to no more than five weeks' rent for properties under £50,000 per year and six weeks' rent for higher value properties.
The Housing Act 1988's Sections 21 and 13 provide the legal framework for eviction procedures and notice requirements that complement these protections. The Deregulation Act 2015's Section 33 further clarified and enforced the restrictions on fees and deposit caps, ensuring they're uniformly applied across England.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 significantly altered the situation of tenant protections in England. Notably, it abolished Section 21 notices as a means for landlords to evict tenants without cause and mandated that periodic tenancies begin on day one rather than after an initial fixed term. This legislation also introduced an annual rent cap based on the Decent Homes Standard extended to private rental sector (PRS) properties.
Awaab's Law, which originally applied only to social housing, was expanded to cover all private landlords. At The Tenants Fees Act 2019 - Questions and Answers, this ensures that homes in the PRS meet basic fitness standards for human habitation. The Renters' Rights Act 2025 also established a new Private Rented Sector Ombudsman to handle complaints and disputes between tenants and landlords.
Another key provision is the requirement for PRS Database registration, which mandates that all properties and their landlords are recorded in an official database to enhance transparency and oversight. These changes collectively reinforce the protections offered by the Tenants Fees Act 2019, ensuring a more strong regulatory environment for private renters.
What this means for tenants
Under the combined impact of the Tenants Fees Act 2019 and the Renters' Rights Act 2025. Tenants can expect a much clearer and fairer rental market. They're entitled to avoid paying unnecessary fees that were previously common in letting agreements. Such as administrative charges or renewal costs. Instead, they may only be asked for a deposit capped at five weeks' rent (for properties under £50,000 annual rent) or six weeks' rent (for higher value properties).
Tenants also benefit from stronger eviction protections; landlords must provide just cause to terminate a tenancy and can't rely solely on Section 21 notices. Additionally, the annual rent cap helps prevent sudden, unjustified price increases.
To deal with this situation effectively, tenants should familiarise themselves with their rights under these acts and seek advice if they encounter issues or feel they're being treated unfairly by landlords or letting agents.
What this means for landlords
Landlords must now comply strictly with the provisions of the Tenants Fees Act 2019 and the Renters' Rights Act 2025. This includes refraining from charging any fees beyond those explicitly allowed, such as rent, deposits, and legitimate costs associated with ending a tenancy (e.g., for a new tenant moving in). Deposit amounts are capped at five weeks' rent or six weeks' rent depending on the property value.
landlords must adhere to fitness standards for human habitation, ensuring their properties meet basic decency criteria. The Tenants Fees Act 2019 - Questions and Answers also need to register with the PRS Database and maintain transparency regarding rental prices, particularly in light of the annual rent cap regulations.
Compliance is important to avoid legal penalties or disputes. Landlords should review these laws regularly and stay informed about any updates or additional protections that may be introduced to safeguard tenants further.
Common scenarios
Scenario 1: Tenant refuses to pay an upfront fee The tenant discovers their landlord is still charging a "letting fee" of £200 when signing the tenancy agreement. The tenant recognises this as illegal under the Tenants Fees Act 2019 and refuses to pay it, explaining that such charges are prohibited.
Scenario 2: Deposit dispute A tenant moves out at the end of their lease but disputes deductions made from their deposit by the landlord for alleged damages. The landlord claims repair costs exceed what's allowable under the Tenants Fees Act's rules on deposit limits and return timescales.
Scenario 3: Eviction concerns A tenant receives a Section 21 notice shortly after moving into a property, realising that this type of notice should no longer be used for unexplained evictions following changes by the Renters' Rights Act 2025. The tenant seeks legal advice to challenge the eviction process.
Evidence tenants should keep
Tenants should maintain full documentation related to their tenancy agreements and any disputes or issues arising during their stay. Key items include:
- Original tenancy agreement: To confirm terms and conditions. - Payment receipts: For rent, deposits, and permitted fees (e.g., utilities setup). - Correspondence with landlord/agent: All emails, letters, text messages regarding maintenance, repairs, or issues. - Maintenance requests: Records of repair requests and any follow-up communications. - Property condition reports: At the start of tenancy and upon moving out to compare against final assessments. - Photographs/videos: Documenting property conditions at move-in and move-out times.
These documents can be important in proving compliance with legal requirements or resolving disputes, especially if challenges arise over fees, deposits, or fitness standards for human habitation. At The Tenants Fees Act 2019 - Questions and Answers, tenants should keep records securely and organise them chronologically for ease of reference.
What to do if things go wrong
If issues arise under the Tenants Fees Act 2019 or Renters' Rights Act 2025:
- Write a complaint letter: Address any disputes directly with the landlord, explaining the legal grounds for your position.
- Contact council environmental health: For concerns about property fitness and maintenance standards.
- Deposit Scheme Dispute Service: Resolve disagreements over deductions from deposits swiftly.
- Housing Ombudsman: Escalate complaints that haven't been resolved at a local level.
- PRS Ombudsman: Handle disputes specifically related to private rental sector regulations.
- First-Tier Tribunal (Property Chamber): For more serious cases, seek legal resolution through this route.
- County Court: As a last resort for eviction proceedings or other major disputes.
Each step provides an opportunity to resolve issues amicably before escalating further. Consulting with local housing advice services or solicitors early on can also offer guidance and support throughout the process.
Common mistakes to avoid
Both tenants and landlords frequently make errors that can lead to unnecessary complications:
- Failing to understand legal changes: Ignoring updates like those in the Renters' Rights Act 2025 can result in non-compliance with new regulations.
- Overcharging for permitted fees: Landlords might mistake permissible costs (like a change fee) as justifiable when they exceed reasonable limits or aren't clearly justified.
- Misapplying deposit rules: Overestimating allowable deductions from deposits, failing to return funds within statutory timelines, or using ambiguous reasons for withholding money can lead to disputes.
- Improper use of Section 21 notices: Landlords may erroneously serve these now-disallowed notices without just cause, leading to potential legal repercussions.
- Neglecting PRS Database registration: Landlords might overlook this requirement, risking fines and sanctions.
Avoiding these mistakes ensures smoother tenancy management and reduces the likelihood of disputes or legal challenges.
Where to get help
Tenants and landlords can seek assistance from several resources:
- Shelter: Offers advice on rights, fees, deposits, and evictions through its helpline or website. At The Tenants Fees Act 2019 - Questions and Answers, - Citizens Advice: Provides tailored guidance based on local laws and specific circumstances.
- Local council housing teams: Can offer direct support regarding property standards, fitness for habitation, and general tenancy issues.
- Housing solicitors: For legal representation in more complex cases or disputes.
Legal aid may be available for those who qualify financially. It's important to reach out early if problems arise to get the most appropriate assistance tailored to your situation.