The Ministry of Housing, Communities and Local Government has issued updated amendments and guidance to the Tenant Fees Act 2019 (TFA) 

By issuing these amendments, the Government aims to align existing rules with the provisions of the Renters’ Rights Act, which are set to come into force on 1 May 2026 for private landlords

Key changes for landlords

Schedule 1 of the Tenants Fees Act details permitted payments which tenants can be charged in connection with a tenancy. The update now confirms that Council Tax and TV licence payments may be included as utilities. 

A payment for council tax or the TV licence can be included within the rent where this is agreed in the tenancy agreement, or a term can be added to the tenancy agreement requiring the tenant to pay these items directly to the relevant body. A landlord cannot require a tenant to make a separate or additional payment directly to them and landlords should review tenancy agreements to ensure compliance.  

Whilst the update does not expand the scope of the TFA or introduce new charges. It provides clarity to prevent unlawful practices. Enforcement remains strict: local authorities can impose civil penalties of up to £5,000 for a first breach and subsequent breaches within a five year period could lead to penalties of up to £30,000 or court action in which an unlimited fine can be issued, or a banning order preventing a landlord from renting out their properties. Compliance is therefore of the utmost importance. 

Action points

The clarification signals the Government’s commitment to transparency and tenant protection. By acting now, landlords can avoid last-minute changes and ensure a smooth transition to the new legal framework. Proactive compliance will not only reduce risk but also demonstrate professionalism and good practice in an increasingly regulated market.

Landlords must ensure tenancy documentation and internal processes reflect both the current and new amendments.  This is an opportunity to future-proof agreements ahead of the wider reforms being brought by the Renters Rights Act in May 2026. Practical steps include auditing tenancy agreements for references to Council Tax and TV licences, updating possession notice templates, and training staff or agents on the new requirements. Failure to act could result in financial penalties and reputational damage.

A link to the updated Government guidance is here - Renting out your property: guidance for landlords and letting agents - Fees you can charge as part of a tenancy - Guidance - GOV.UK

For assistance or advice, contact Banita Gogia.