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.
Legal reference
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
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 (Protection from Eviction Act 1977 s.5(1ZA)(a), inserted by RRA s.20; read with HA1988 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
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
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:
What we cannot ask for
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).
Pre-tenancy · permitted
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 can be kept only if, before that deadline, you decide not to proceed, fail to take all reasonable steps to enter into the tenancy agreement (or any Deed of Guarantee) — for example by not responding to reasonable requests from us or the referencing agency — give false or misleading information that the landlord is reasonably entitled to take into account, or fail a Right to Rent check required of the landlord under the Immigration Act 2014 (Tenant Fees Act 2019, Schedule 2). Where it is lawfully kept, it goes to the landlord: Harvey W James does not keep it as a fee.
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.
Pre-tenancy · permitted
The security deposit is capped under the Tenant Fees Act 2019:
The deposit covers damages or defaults on the part of the tenant during the tenancy. It is protected with the Tenancy Deposit Scheme (TDS), on a custodial basis only, within 30 days of payment, under Part 6 of the Housing Act 2004.
Pre-tenancy · permitted
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.
During the tenancy
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.
During the tenancy
The reasonable cost of replacement, supported by receipts. Charged at cost — not a fixed fee.
During the tenancy · tenant's request
£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
£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 6.
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.
Ending the tenancy
Since 1 May 2026 every tenant of an assured periodic tenancy has a statutory right under the Protection from Eviction Act 1977 s.5(1ZA)(a) (inserted by RRA s.20; read with HA1988 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.
A tenant who moves out before their notice ends still owes rent to the end of the notice period; any rent unpaid by the end of the tenancy is claimed from the deposit (deducted if the tenant agrees, otherwise decided by the deposit scheme's free dispute service); any balance above the deposit is still owed. Rent stops sooner only if the landlord agrees an earlier end date in writing, or a replacement tenant's tenancy starts through the Assisted Tenancy Replacement Process after referencing. There is no early-termination or re-letting fee; the only other costs are any the tenant agrees in writing beforehand.
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 an early-termination fee. The pre-RRA framing of a contractual exit charge no longer applies.
During the tenancy
The only default fees the Tenant Fees Act 2019 allows are the two above: interest on rent more than 14 days late, and the cost of replacing a lost key or security device (Schedule 1, paragraph 4). We do not charge any other default fee, and we do not invoice tenants.
Two situations come up in practice:
Practical notes
Bookings outside these hours are by exception and at our discretion.
Practical notes
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
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.
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.
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.
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 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, once landlord membership becomes mandatory (the government expects 2028), be escalated to the new 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.
This page reflects Harvey W James' operational understanding of the Tenant Fees Act 2019, the Renters' Rights Act 2025, the Housing Act 1988 (as amended), the Housing Act 2004 (as amended), the Protection from Eviction Act 1977 (as amended), and the Immigration Act 2014. It is not legal advice. For the published Act text refer to legislation.gov.uk; for your specific situation seek independent legal advice. Statutory references on this page were read on legislation.gov.uk on 12 September 2026 (Renters' Rights Act 2025 and Tenant Fees Act 2019 as revised to 22 June 2026; Housing Act 1988 and Landlord and Tenant Act 1985 to 29 June 2026; Housing Act 2004 to 22 June 2026) and checked against GOV.UK's Renters' Rights Act implementation roadmap (13 November 2025) and its later announcements; operational clauses are those of Essential Terms and Charges v2.5.1 (23 October 2026).
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