The guidance makes clear that a Section 21 notice cannot be served if a tenant has been wrongly charged.
It lists the only charges that an agent is entitled to make, and says that any charge not on the list is banned.
The only allowable charges are:
- The rent;
- a refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or more;
- a refundable holding deposit (to reserve a property) capped at one week’s rent;
- payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher;
- payments associated with early termination of the tenancy when requested by the tenant;
- payments in respect of utilities, communication services, TV licence and council tax;
- a default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement.
