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Legal reference

Tenant Fees Schedule

every payment, in full

We have been Renters' Rights Act 2025-ready since 1 May 2026. This page sets out every payment Harvey W James can lawfully require from a tenant or relevant person, and every payment we cannot. It is written to the standard required by the Tenant Fees Act 2019 (as amended) and the Renters' Rights Act 2025.

Summary

The short version

Since 1 June 2019 the Tenant Fees Act has banned letting fees in England, save for a small and exhaustive list of permitted payments. Since 1 May 2026 the Renters' Rights Act 2025 has tightened the framework further: a rental bidding ban (RRA s.56), a rent-in-advance ban (RRA s.8), and a statutory right for tenants to end an assured periodic tenancy at any time on 2 months' written notice (HA1988 s.5 read with s.4A inserted by RRA s.1).

The combined result is that the only payments Harvey W James can require from you before a tenancy starts are: (i) a holding deposit of one week's rent; (ii) a tenancy deposit of 5 or 6 weeks' rent depending on annual rent; and (iii) the first month's rent. Nothing else.

Scope

Who this applies to

The Tenant Fees Act refers to the tenant or to a "relevant person", which includes a prospective, current or former tenant or licensee. It also includes a guarantor or anyone acting on behalf of the tenant.

What we can ask for

Permitted payments

The Tenant Fees Act prevents landlords and their agents from requiring tenants to make any payment as a condition of granting, renewing or continuing a tenancy, apart from the following permitted payments:

  • Rent
  • Utilities and council tax
  • Security deposits
  • Holding deposits
  • Default fees (limited and evidenced)
  • Fees for changing a tenant or ending a tenancy early (capped)

What we cannot ask for

Prohibited payments

The following payments cannot be required of you under any circumstances. Asking for any of them is a breach of the Tenant Fees Act 2019:

Administration fees, application fees, set-up fees, referencing fees, credit checks, guarantor fees, permitted-occupier fees, Right to Rent fees, contract-negotiation fees, inventory charges, Saturday move-in fees, check-in fees, check-out fees, renewal fees, end-of-tenancy fees.

Under the Renters' Rights Act 2025 we also cannot require, encourage or accept any rent premium above the advertised asking rent (the rental bidding ban — RRA s.56), or require rent for the second month onwards to be paid in advance as a condition of granting the tenancy (RRA s.8, inserting HA1988 s.4B).

Tenant Fees Act 2019RRA s.56 · bidding banRRA s.8 → s.4B HA1988

Pre-tenancy · permitted

Holding deposit — one week's rent

one week's rent

To reserve a property, we ask for a holding deposit equivalent to one week's rent. This is a permitted payment under Schedule 2 of the Tenant Fees Act 2019.

Once we receive the holding deposit, the law requires the necessary paperwork to be completed within 15 calendar days.

The holding deposit will be retained by Harvey W James if, during that period, you decide not to proceed, unreasonably delay responding to any reasonable request made by us or by the referencing agency, provide materially false or misleading information as part of your application, fail any of the Right to Rent checks required of the landlord under the Immigration Act 2014, or fail to sign the tenancy agreement (or any Deed of Guarantee) within the 15 calendar days.

If the landlord decides not to offer you a tenancy for reasons unconnected with the above, the holding deposit will be refunded within 7 days. If you are offered and accept a tenancy, the holding deposit will be credited against the first month's rent.

Where, for any reason, the holding deposit is neither refunded nor credited, you will be provided with written reasons within 7 days.

You will not be asked to pay any fees or charges in connection with your application for a tenancy.

Schedule 2 · Tenant Fees Act 2019Immigration Act 2014 · Right to Rent15 calendar days

Pre-tenancy · permitted

Security deposit

5–6 weeks' rent

The security deposit is capped under the Tenant Fees Act 2019:

Annual rent under £50,000
five weeks' rent.
Annual rent £50,000 or above
six weeks' rent.

The deposit covers damages or defaults on the part of the tenant during the tenancy. It is registered with the Tenancy Deposit Scheme (TDS) within 30 days of payment, under Part 6 of the Housing Act 2004.

Tenant Fees Act 2019 · deposit capPart 6 HA2004 · TDS

Pre-tenancy · permitted

First month's rent

first month only

The first month's rent is paid at or before the tenancy start. This is expressly permitted under section 4B(2)(c) of the Housing Act 1988 (as inserted by section 8 of the Renters' Rights Act 2025) as "initial rent due during the permitted pre-tenancy period".

Rent for the second month onwards is paid on the rent-due date each month. Multiple months' rent (for example 6 or 12 months) cannot be required in advance as a condition of granting the tenancy, even where the applicant offers it. The compliant route for an applicant who would otherwise have wanted to pay upfront rent is the Goodlord Guarantor service — your application route will indicate whether this applies to you.

Landlords and agents cannot cover costs by charging higher rent for the first month, or any other month.

s.4B(2)(c) HA1988 → RRA s.8Goodlord Guarantor

During the tenancy

Unpaid rent

3% above base

Interest at 3% above the Bank of England Base Rate, calculated from the rent-due date until paid, in order to pursue non-payment of rent. This will not be levied until the rent is more than 14 days in arrears.

3% above Bank of England Base Rate14 days in arrears

During the tenancy

Lost keys or other security devices

at cost

The reasonable cost of replacement, supported by receipts. Charged at cost — not a fixed fee.

During the tenancy · tenant's request

Variation of contract (tenant's request) — £50

£50 inc VAT

£50 (Inc VAT) per agreed variation. This covers our cost of taking the landlord's instructions and preparing and executing new legal documents.

During the tenancy · tenant's request

Change of sharer (tenant's request) — £50

£50 inc VAT

£50 (Inc VAT) per replacement tenant, or any reasonable costs incurred if higher. This is the permitted payment under Tenant Fees Act 2019 Schedule 1 paragraph 5.

The fee covers our administrative work in setting up the new tenancy: taking the landlord's instructions, referencing and Right to Rent checks for the new tenant, deposit re-registration, and preparation and execution of the new tenancy agreement.

The legal effect of a change of sharer is a surrender of the original tenancy and the grant of a new tenancy to the new combination of tenants. It is not a tenant swap or transfer.

Tenant Fees Act 2019 · Sch 1 para 5

Ending the tenancy

Early termination — tenant's statutory right

no fee

Since 1 May 2026 every tenant of an assured periodic tenancy has a statutory right under HA1988 s.5 (read with s.4A inserted by RRA s.1) to end the tenancy at any time by serving 2 months' written notice. No fee is payable by the tenant for exercising this right. The notice must end on a day on which rent is due, or the day before.

Where you wish to leave faster than the statutory 2 months' notice would allow, we operate an optional Assisted Tenancy Replacement Process (see Essential Terms §68.1). That process is voluntary, agreed in writing in advance, and never charged as a compulsory early-termination fee. The pre-RRA framing of a compulsory exit charge no longer applies.

HA1988 s.5 · s.4A → RRA s.12 months' written noticeEssential Terms §68.1

During the tenancy

Default fees during the tenancy

actual cost only

Where the tenancy agreement permits, the actual cost of a default — supported by an invoice — may be recovered from you under Tenant Fees Act 2019, Schedule 1, paragraph 4. Default fees are limited to the actual loss; they are not fixed administrative penalties.

The two situations this most commonly applies to in practice are:

  • A contractor call-out charge that the contractor was entitled to invoice because you turned them away or did not attend a confirmed appointment. The actual amount paid is recoverable on production of the contractor invoice.
  • An upgraded contractor appointment (an exact-time slot or out-of-hours visit) that you have elected to take above the standard working-hour rate. The additional cost above the standard rate is invoiced to you after the work is completed. Payment is due within 14 days of invoice; unpaid amounts may be recovered from the deposit at end of tenancy on production of the contractor invoice.
Tenant Fees Act 2019 · Sch 1 para 4

Practical notes

Check-in hours

Monday to Saturday
12:00 – 16:00 only.
Sundays and public holidays
closed.

Bookings outside these hours are by exception and at our discretion.

Practical notes

Payments

Faster Payments, once sent, cannot be cancelled. It is vital that you double-check the sort code and account number before sending. There is no guarantee that money can be recovered once it has been sent to the wrong place. Where a misdirected payment occurs we will make reasonable efforts to assist with bank-side recovery, but Harvey W James bears no liability for misdirected payments caused by errors in the instructions you provide.

Common questions

Frequently asked questions

Do I have to pay for my reference?

No. Reference fees are paid by the landlord. The cost of referencing checks on new tenancies has, since 1 June 2019, been met by the landlord.

What if I want to end my tenancy early?

Your statutory right is to give 2 months' written notice at any time, free of charge. If you want to leave faster, we can operate the optional Assisted Tenancy Replacement Process — agreed in writing in advance.

Can I be asked for 6 or 12 months' rent up front?

No. The rent-in-advance ban introduced by the Renters' Rights Act 2025 (s.8, inserting HA1988 s.4B) prevents this even where you offer it.

Can I be asked to pay more than the asking rent to secure a property?

No. The rental bidding ban (RRA s.56) makes the asking rent the ceiling. No agent or landlord can solicit, encourage or accept offers above the advertised rent.

Redress

If something has gone wrong

If you believe Harvey W James has charged or attempted to charge you a payment that is not on this schedule, please raise it with us in writing immediately. Our internal complaints procedure is here: internal-complaints-procedure.

If our internal response is unsatisfactory, you have two redress routes. Complaints about us as the letting agent can be escalated to the Property Redress Scheme (Harvey W James membership PRS010914 — verify on PRS register). Complaints about the conduct of the landlord (separate from the agent) can, from late 2026, be escalated to the new mandatory Private Rented Sector Ombudsman established under the Renters' Rights Act 2025.

The Property Redress Scheme also enforces the Tenant Fees Act 2019. Where a prohibited payment has been required or received in breach of the Act, the Scheme can direct repayment and apply financial penalties under the Act's enforcement regime.

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