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Government updates Tenant Fees Act for landlords

Government Updates Tenant Fees Act Guidance for Landlords

The UK government has quietly revised its official guidance on the Tenant Fees Act, providing clearer instructions for landlords and letting agents regarding allowable charges during a tenancy. Notably, the update clarifies the treatment of council tax and TV licence payments, areas that have caused confusion since the Act’s introduction. This matters to landlords as it helps ensure compliance and reduces the risk of financial penalties.

The government has updated its guidance on the Tenant Fees Act, specifically addressing what landlords and letting agents can charge tenants during a tenancy. The changes focus on clarifying the rules around council tax and TV licence payments, which have been sources of uncertainty for many landlords and agents since the Act came into force.

Background to the Tenant Fees Act and Ongoing Confusion

The Tenant Fees Act, introduced to limit the fees landlords and agents can charge tenants, has been in effect for several years. Despite this, questions remain about which charges are permitted, particularly concerning utilities and household bills. The recent update to the official guidance aims to resolve some of these ambiguities, helping landlords understand their responsibilities and the limits on what they can pass on to tenants.

Clarification on Council Tax Responsibilities

The revised guidance explicitly states that council tax payments fall under different rules compared to other utilities. While tenants can be required to pay council tax where applicable, the liability depends on the property type and occupancy arrangements. For example, the rules vary between single-let properties, Houses in Multiple Occupation (HMOs), and cases where the landlord retains responsibility under local authority regulations.

This clarification is important for landlords to correctly allocate council tax charges and avoid inadvertently breaching the Tenant Fees Act. Understanding when the tenant is liable and when the landlord must cover council tax helps ensure compliance and prevents disputes.

TV Licence Payments and Tenant Obligations

The updated guidance also highlights that tenants are responsible for holding a valid TV licence if they watch or stream live television or use BBC iPlayer. This responsibility lies with the tenant, not the landlord, in most cases. However, landlords may still be liable for TV licences in certain shared accommodation scenarios, depending on how the tenancy agreement is structured.

By distinguishing these responsibilities, the government aims to reduce confusion and clarify that landlords cannot charge tenants for TV licences unless specific conditions apply.

Implications for Landlords and Letting Agents

Although the update does not change the law itself, it signals a renewed government effort to tighten interpretations of the Tenant Fees Act. Enforcement bodies have previously warned that misunderstandings about permitted payments continue to expose landlords and agents to financial penalties. This updated guidance serves as a reminder to review tenancy agreements and charging practices carefully.

Landlords and agents operating in England should familiarise themselves with the amended guidance, now live on the UK government website. Ensuring that charges comply with the clarified rules on council tax and TV licences will help avoid enforcement action and maintain good landlord-tenant relationships.

Looking Ahead: Support for Landlords

In related news, the Tenant Liaison Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This initiative will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers are invited to register their interest to join the hub. This development aims to provide landlords with reliable resources and trusted partners to assist with compliance and property management challenges.

Source: www.property118.com

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