Permitted payments and...

tenant protection information

As well as paying the rent, you may also be required to make the following permitted payments. Permitted payments For properties in England, the Tenant Fees Act 2019 means that in addition to rent, estate agents can only charge tenants (or anyone acting on the tenant’s behalf) the following permitted payments:

  • Holding deposits (a maximum of 1 week’s rent);
  • Deposits (a maximum deposit of 5 weeks’ rent for annual rent below £50,000, or 6 weeks’ rent for annual rental of £50,000 and above);
  • Payments to change a tenancy agreement eg. change of sharer (capped at £50 or, if higher, any reasonable costs);
  • Payments associated with early termination of a tenancy (capped at the landlord’s loss or the agent’s reasonably incurred costs);
  • Where required, utilities (electricity, gas or other fuel, water, sewerage), communication services “telephone, internet, cable/satellite television), TV licence;
  • Council tax (payable to the billing authority);
  • Interest payments for the late payment of rent (up to 3% above Bank of England’s annual percentage rate);
  • Reasonable costs for replacement of lost keys or other security devices;
  • Contractual damages in the event of the tenant’s default of a tenancy agreement; and
  • Any other permitted payments under the Tenant Fees Act 2019 and regulations applicable at the relevant time.

For properties in Wales, the Renting Homes (Fees etc.) (Wales) Act 2019 means that in addition to rent, estate agents can only charge tenants the following permitted payments

  • Holding deposits (a maximum of 1 week’s rent);
  • Security deposits;
  • Where required, utilities (electricity, gas or other fuel, water, sewerage), communication services “telephone, internet, cable/satellite television), TV licence;
  • Council tax (payable to the billing authority);
  • Payments for the late payment of rent (where required under the tenancy agreement);
  • A breach of a term of the contract (where required under the tenancy agreement); and
  • Any other permitted payments under the Renting Homes (Fees etc.) (Wales) Act and regulations applicable at the relevant time.

Tenant protection In addition to publishing relevant fees, estate agents are also required to publish details of:

  • the redress scheme they are a member of; and
  • the name of the approved or designated Client Money Protection scheme they are a member of (if any).

Please note that estate agents are required by law to publish on their websites information for potential tenants about relevant fees, redress schemes and client money protection schemes (including the names of those schemes). Relevant fees must also be published on third party websites, such as Rightmove. For properties to rent in England and Wales, details of the agent’s membership of any redress scheme and client money protection scheme must also be published with their fees on Rightmove. It is the agent’s responsibility to ensure that all relevant information is provided to Rightmove and is up to date and accurate. If the relevant information does not appear here, the agent may have included it within the property description.