Letting Agents, Landlords & Student Lettings
West Yorkshire Trading Standards is part of West Yorkshire Joint Services, a shared service delivering statutory services on behalf of 5 large metropolitan authorities. These authorities are Leeds, Bradford, Wakefield, Kirklees and Calderdale. West Yorkshire spans a huge area and has a population of around 2.3m people.
West Yorkshire Trading Standards has the responsibility for enforcing legislation in relation to The Tenant Fees Act 2019. We aim to improve awareness and compliance within the Property Rental Sector to inform landlords and letting agents of their responsibilities as part of this legislation. We also aim to provide tenants with information about their rights, responsibilities and how to gain redress.
Tenant Fees Act 2019
The Tenant Fees Act 2019 applies to letting agents and landlords in England and Wales and was introduced in June 2019 to prohibit certain types of tenant fees making renting fairer and more affordable for tenants.
The Tenant Fees Act 2019 applies to:
- An Assured Shorthold Tenancy (AST)
- Lettings for student accommodation
- Licences to occupy housing
The Tenant Fees Act 2019 does not apply to:
- A social housing tenancy
- A long lease tenancy (under the Leasehold Reform, Housing and Urban Development Act 1993)
- A licence to occupy holiday accommodation
- Some excluded licences to occupy
Tenants
Are you a tenant in West Yorkshire?
In June 2019, a law was brought into effect to set out rules on what letting agents and landlords are allowed to charge their tenants.
Tenants are at risk of being caught out by potentially costly fees which are now prohibited under the Tenant Fees Act 2019. Please see the below information about what fees can be charged and what fees are not allowed.
As a tenant you can only be charged the following permitted payments:
- Rent
- A refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000, or 6 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 1 week’s rent
- Payments associated with early termination of the tenancy, when requested by the tenant
- Payments capped at £50 (or reasonably incurred costs, if higher) for the variation, assignment or novation of a tenancy
- Payments in respect of utilities, communication services, TV licence and Council Tax
- A default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement
Any other payments that are not permitted are called prohibited payments. Here are a few examples:
X Viewing fees, any charge for viewing the property
X Tenancy set up fees, any charge for setting up the tenancy or contracts
X Check out fees, any charge for leaving the property
X Third party fees, any charge for anything that is done by someone other than the landlord or tenant but that the landlord must pay for
X References
X Set-up fees
X Professional cleaning
X Drawing up contracts
X Administration fees including application fees, credit checks and check-out fees
Your property agent must be a member of a redress scheme and a client money protection scheme. Check your property agent’s registration via the NTSEALT Property Agent Checker.
If you have been charged a prohibited fee, or your landlord/agent is not complying with these requirements please contact WYJS via the Citizens Advice consumer helpline on 08082231133 or report online.
For more information, click here to view the tenant fees general guidance.
Property Agents & Landlords
As a property agent, the introduction of The Tenant Fees Act 2019 means that you have certain responsibilities that you must comply with.
The following information has been compiled for both letting agents and landlords. Please note that as a private landlord, you do not have to be a member of a Redress Scheme or Client Money Protection Scheme as these are for letting agents and property managers only. However, there may be schemes you can join voluntarily.
As a property agent you must be a member of the following schemes and maintain your membership. Failure to do so may result in a civil penalty between £5,000 and £30,000.
-Redress Scheme
-Client Money Protection Scheme
The Tenant Fees Act 2019
Permitted payments
- Rent
- A refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000, or 6 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 1 week’s rent
- Payments associated with early termination of the tenancy, when requested by the tenant
- Payments capped at £50 (or reasonably incurred costs, if higher) for the variation, assignment or novation of a tenancy
- Payments in respect of utilities, communication services, TV licence and Council Tax
- A default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement
Prohibited payments (examples)
X Viewing fees, any charge for viewing the property
X Tenancy set up fees, any charge for setting up the tenancy or contracts
X Check out fees, any charge for leaving the property
X Third party fees, any charge for anything that is done by someone other than the landlord or tenant but that the landlord must pay for
X References
X Set-up fees
X Professional cleaning
X Drawing up contracts
X Administration fees including application fees, credit checks and check-out fees
Take a further look at tenant fees for landlords.
For further information for landlords, please contact your local council housing team.
Students
Permitted payments
- Rent
- A refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000, or 6 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 1 week’s rent
- Payments associated with early termination of the tenancy, when requested by the tenant
- Payments capped at £50 (or reasonably incurred costs, if higher) for the variation, assignment or novation of a tenancy
- Payments in respect of utilities, communication services, TV licence and Council Tax
- A default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement
Prohibited payments (examples)
X Viewing fees, any charge for viewing the property
X Tenancy set up fees, any charge for setting up the tenancy or contracts
X Check out fees, any charge for leaving the property
X Third party fees, any charge for anything that is done by someone other than the landlord or tenant but that the landlord must pay for
X References
X Set-up fees
X Professional cleaning
X Drawing up contracts
X Administration fees including application fees, credit checks and check-out fees
If you have been charged a prohibited fee, or your landlord/agent is not complying with these requirements please contact WYJS via the Citizens Advice consumer helpline on 08082231133 or report online.
Take a look at Student tenancies leaflet.