In a late-Friday announcement just before the Christmas break, the Government issued updated guidance for the Tenant Fees Act (TFA) 2019. These changes are designed to bring the TFA in line with the incoming Renters’ Rights Act (RRA).

While described as “minor,” these updates provide the necessary legal framework for how utilities and possession orders will be handled moving forward.

Key Changes to Note:

• Council Tax & TV Licences: The guidance under “Utilities and other bills” has been expanded. It now provides specific, separate rules for Council Tax and TV licence payments. These changes are set to take effect on May 1, 2026, coinciding with relevant sections of the Renters’ Rights Act.

• Possession Order Updates: A new section has been added regarding what happens “if tenants do not follow the possession order.” This includes a newly introduced form that landlords or agents must use to progress the case if a tenant remains in the property past the court-ordered date.

• TFA Compliance: The update ensures that the list of “Permitted Payments” is strictly aligned with the new RRA definitions, reducing the risk of accidental non-compliance.

Why this matters

As we move toward May 2026, the definition of what constitutes an “illegal fee” is tightening. Landlords must ensure their tenancy agreements and utility recharge structures (especially for HMOs or inclusive-bill tenancies) are updated to reflect these new clarifications on Council Tax and TV licensing.

Official Links & Guidance

We recommend all members review the updated guidance notes to ensure their current processes remain compliant:

• Updated Tenant Fees Act Guidance

• Guidance on Possession Orders and New Forms