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Tenant Fee Act 2019

What you need to know about the Tenant Fees Act 2019 – how will it impact tenancy deposits?
– May 2019
by Millie Wickens

From 1 June 2019, the Tenant Fees Act comes into force, prohibiting landlords and agents from charging any fees to tenants, other than those ‘permitted’ by the Act. Any tenancy that is signed on or after 1 June must adhere to the new regulations.

Who does the act apply to?

The Tenant Fees Act applies to assured shorthold tenancies, student accommodation tenancies and licences to occupy housing in the private rented sector.

The act only applies to landlords, agents and tenants in England.

Letting fees are already banned in Scotland and, while they are currently still legal in Wales and Northern Ireland, a ban was put before the Welsh government in June 2018 and is intended to commence this September.

What fees can be charged?

There are a number of fees that are ‘permitted’. These include:

  • Rent
  • A refundable holding deposit (up to one week’s rent per property)
  • Tenancy deposit (exclusions apply, see below for more information)
  • Changes to the tenancy (for example, introduction of a pet, permission to run a business from the property or other amends that change the contractual responsibilities. This is capped at £50 per change unless the landlord is able to prove that the resulting cost was higher AND is reasonable)
  • Utilities (electric, gas, water)
  • Council tax, TV licence fees, communication fees (e.g. telephone, broadband etc.)
  • Fee for early termination of tenancy/surrender fee – the landlord must be able to show reasonable loss has been suffered, for example as a result of referencing, re-advertising and can charge rent until the next tenant moves in
  • Default fees which should be written into the tenancy agreement for:
    • late payment of rent – this can only be after 14 days have passed and interest at a maximum of 3 per cent above base rate
    • replacing locks/security fobs. The Guidance states, for example, that a new standard door key could be valued between £3-£10, a specialist door key between £5-£20 or a replacement key fob up to £50; there may be circumstances where it is necessary to pay more and ALL claims must be supported by evidence from the landlord of costs and be reasonable

What fees are prohibited under the act?

Any fees not listed on the government’s ‘permitted’ fees list are prohibited. Landlords and agents are NOT able to charge fees for:

  • Property viewing
  • Referencing
  • Administration charges
  • Guarantors (this can be a condition of the tenancy but you cannot charge fees for meeting this condition)
  • Inventory checks (both check in and check out)
  • Right to Rent checks (the landlord or agent are liable for this cost, unless the tenant fails the check)
  • Pet fees/deposits
  • Renewal/exit fees
  • Interest on permitted payments
  • Professional end of tenancy cleaning – as a special clause (breach of contract ONLY)
  • Third party fees (unless the tenant chooses to undertake the services themselves)
  • Gardening services (unless included within the rent) 

For a full list of permitted and prohibited fees please visit the GOV.UK website for guidance.

Changes to tenancy deposits

As part of the Tenant Fees Act 2019, the amount of tenancy deposit that a landlord or agent can request will be capped and dependent on the total annual rent for the property.

If the total annual rent is less than £50,000, landlords and agents are only permitted to ask tenants to pay up to five weeks’ rent.

If the total annual rent exceeds £50,000 and is below £100,000 then landlords and agents can request up to six weeks’ rent from tenants as a tenancy deposit.

Any deposit taken from a tenant must be protected in one of the three government backed tenancy deposit protection schemes, such as mydeposits, within 30 days of the payment being taken.

GOV.UK advise that you are able to calculate the total annual rent by using the following formulae:

  • total monthly rent x 12
  • total weekly rent x 52

You can also calculate the total weekly rent using one of the following formulae:

  • (your monthly rent x 12) ÷ 52
  • your annual rent ÷ 52

Read more about the tenancy deposit cap in our latest guide.

What are the penalties for non-compliance?

Penalties for non-compliance are clear and severe. It is therefore important to understand what fees are permitted and remind yourself that if a fee is not on this list, IT IS PROHIBITED.

Breach of legislation will usually be a civil offence carrying a financial penalty of up to £5,000 per fee. Despite this, if a further breach is committed within five years of a financial penalty or if there is a conviction for another breach, this becomes a criminal offence.

The penalty imposed for a criminal offence – a banning order offence under the Housing and Planning Act 2016 – is an unlimited fine.

According to GOV.UK “Where an offence is committed, local authorities may impose a financial penalty of up to £30,000 as an alternative to prosecution.” It is down to the local authority’s discretion as to whether they wish to prosecute or impose a financial penalty.

Failure to repay a tenant’s holding deposit will be treated as a civil offence and carries a penalty of up to £5,000.

In addition, landlords and agents who have charged an unlawful fee will not be able to evict a tenant until they have repaid these fees. Failure to comply with the legislation can therefore have serious ramifications. Penalties will be enforced by trading standards and tenants have the ability to apply to the First Tier Tribunal for a refund of a prohibited fee.

If in doubt it is advisable to seek clarification from GOV.UK. In addition, landlords, letting agents and tenants can read the government’s comprehensive ‘Tenant Fees Act 2019: guidance’ here.

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Meeting with Our Partner in China and East Asia – Uhomes


We had construction meeting with our Partner based in Beijing, China in Dec 2018

MasonKnight has long-standing relationship with one of the biggest real estate agency in China and east Asia UHomes     ( Set up by New Oriental Group, NASDAQ listed). An very constructive meeting had been set up by both parties in Dec 18, and MasonKnight has now become one of the major supplier for Chinese and East Asia Market in private housing sector in Selly Oak/ Harborne/ Edgbaston Area, Birmingham and Worcestershire Area, we will continue our endeavor to have your properties reach the widest audience both in UK and overseas through our partners. 

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Real Estate & Property Awards 2016 – Best Residential Development Specialists – UK

We have been awarded the Best Residential Development Specialists in UK by Build Magazine 2016, below is an article abstract

MasonKnight Properties is a property management company that,
primarily, specialises in the growth of their investor’s property
portfolios. The firm provides advice to clients from initial
acquisition and purchase, micro-managing all projects and
refurbishments to create desirable properties, whether they be residential,
student or holiday lets. Adrian talks us through how the firm serves its wide
range of clients and how its customer focused approach helps it to achieve
its overall mission.
“At MasonKnight, we actively encourage our investor to engage with each
other, share ideas and in some instances join forces on more challenging
projects. Our broad range of clients come from a variety of backgrounds in
IT, finance, surveying, architecture, building, engineering, legal and accountancy.
Essentially we are a letting agent, but instead of working with landlords
we work with investors, acquiring properties which are either high quality
refurbishment projects or new builds.

“Our overall mission is to grow our investors’ portfolios, bringing to the
market properties that represent the very best in thoughtful design, that
embrace the latest of technology and innovation, ultimately producing properties
that are both desirable and affordable to a broad spectrum of society.
We draw on the knowledge and expertise of our dedicated project management
team and design team. Everyone at MasonKnight actively contributes
to the overall design concepts of our builds.”
Looking ahead, Adrian and his Team are optimistic for the future as the firm
looks to grow in order to provide their high quality services to more clients.
“MasonKnight are in a period of rapid growth and as such are currently
expanding both our team and our premises. We are uniquely dedicated to
growing our client base organically. Our priority is in the delivery of a completely
inclusive and personal service to our clients. Our client base is growing
rapidly as a result our clients recommending others to us. This year we have
£2,650,000 of ongoing project work along with numerous acquisitions in the
pipeline and we look forward to the challenge and opportunities this will bring.”

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Interior Design Award 2017- Best Student Residential Development Company

MasonKnight was awarded Best Student Residential Developement Company by Build Magazine 2017. Below is the abstract of the article from Build Magazine

Best Student Residential Development Company - Midlands 2017

MasonKnight Properties offers a totally new experience in lettings,
property management and maintenance. The firm specializes
in prime residential development in Birmingham, nationally
and internationally engaging with landlords, developers and
tenants to create quality properties, which pairs with a service that aims to
provide an outstanding experience. The firm provides advice to clients from
initial acquisition through to purchase, micro-managing all projects and
refurbishments to create desirable properties, whether they be residential,
student or holiday lets.
Adrian Mason explains that the overall mission of MasonKnight Properties
is to “grow our investors’ portfolios, bringing to the market properties that
represent the very best in thoughtful design whilst embracing the latest
technology, thus producing properties that are desirable and affordable
across a broad spectrum of society. We draw on the knowledge and
expertise of our dedicated project management team and design team, and
everyone at MasonKnight actively contributes to the overall design concepts
of our builds.”

The firm’s team of dedicated and professional staff has an extensive
background in property management, acquisition and development, and as
such every client benefits from over 34 years of experience in a wide range
of services that are tailored to their specific needs. Tenants benefit from an
agent that is engaging, conscientious and that is constantly striving to bring
higher levels of service, that will provide their tenants with an experience that
only MasonKnight can offer.


Ultimately, with numerous colleges and universities in the vicinity,
Birmingham offers MasonKnight the ideal base from which to offer quality student accommodation services. The firm is uniquely dedicated to
growing their client base organically, with their focus on the delivery of a
completely inclusive and personal service to their clients. Moving forward,
MasonKnight’s ongoing focus will remain on providing the very highest
standards of service to everyone it works with. The firm’s team of dedicated and professional staff has an extensive
background in property management, acquisition and development, and as
such every client benefits from over 34 years of experience in a wide range
of services that are tailored to their specific needs. Tenants benefit from an
agent that is engaging, conscientious and that is constantly striving to bring
higher levels of service, that will provide their tenants with an experience that
only MasonKnight can offer. 

The firm’s team of dedicated and professional staff has an extensive
background in property management, acquisition and development, and as
such every client benefits from over 34 years of experience in a wide range
of services that are tailored to their specific needs. Tenants benefit from an
agent that is engaging, conscientious and that is constantly striving to bring
higher levels of service, that will provide their tenants with an experience that
only MasonKnight can offer.