TENANT TERMS OF BUSINESS & SCHEDULE OF PERMITTED FEES
Statutory Compliance Framework – Tenant Fees Act 2019
This document outlines the mandatory legal terms, permitted payments, and default charges applicable to all Assured Shorthold Tenancies (AST) arranged by Manley Properties. In complete alignment with the Tenant Fees Act 2019 and guidance issued by the Brighton & Hove City Council Trading Standards team, no prohibited fees are charged to applicants or tenants at any stage of the tenancy cycle.
| Fee Type / Category | Permitted Legal Maximum | Detailed Statutory Terms |
| Holding Deposit | Capped at 1 week’s rent | Secures a property during referencing. Must follow the strict statutory 15-day ‘Deadline for Agreement’ rules. Fully refundable or allocated to rent unless applicant pulls out, fails Right to Rent checks, or provides fraudulent references. |
| Tenancy Deposit | Capped at 5 weeks’ rent | For tenancies where the total annual rent is under £50,000. Must be legally protected in a government-approved scheme (e.g., DPS, TDS, or MyDeposits) within 30 days of receipt. |
| Changes to Tenancy | Capped at £50.00 inc. VAT | Applicable only when requested explicitly by the tenant (e.g., variation of contract terms, change of sharer/roommate, or permission to keep a pet). Cannot exceed actual administrative loss if higher. |
| Early Termination | Restricted to actual loss | Charged if the tenant requests to break the lease agreement early. Cannot exceed the actual financial loss incurred by the landlord or the reasonable costs of re-letting the property. |
| Late Rent Default | 3% above Bank of England base rate | Can only be charged once rent is overdue by 14 days or more. Calculated daily from the rent due date until the outstanding balance is paid in full. |
| Lost Keys Default | Actual cost of replacement | Limited strictly to the direct trade invoice cost of cutting replacement keys or replacing secure locks. No agency administrative handling fees or markups allowed under any circumstances. |
| Prohibited Agent Fees | £0.00 (Strictly Free) | Viewings, credit checks, standard reference validation, guarantor screening, administrative check-ins, inventory generation, and checkout checks are completely free. |
- Statutory Rules Governing Holding Deposits
In full compliance with Schedule 2 of the Tenant Fees Act 2019, a holding deposit is taken strictly to reserve the property. Manley Properties operates a transparent framework for these funds:
• The ‘Deadline for Agreement’ is set at 15 calendar days from the date of receipt unless alternative written timelines are agreed.
• Funds must be refunded in full within 7 days of entering an agreement or if the landlord decides to withdraw.
• The agent retains the right to withhold the deposit only if the applicant provides intentionally false or misleading reference information, explicitly fails a statutory Right to Rent check, or unilaterally pulls out of the transaction.
- Mandatory Redress Schemes & Client Money Protection (CMP)
Pursuant to the Consumer Rights Act 2015, Manley Properties maintains full consumer safeguards to protect all client funds:
• Client Money Protection: All tenant deposits and rental transactions are protected under an independent, government-approved Client Money Protection scheme framework.
• Independent Redress: Any tenant dispute regarding handling of fees, applications, or tenancies can be brought directly to our independent ombudsman scheme for structural resolution.
- Regulatory & Local Authority Oversight
Tenants retain full statutory rights to report any perceived breach of permitted payments directly to local enforcement agencies. For the Brighton area, reporting can be conducted through:
• Local Council Enforcement: Brighton & Hove City Council Trading Standards Team (Email: trading.standards@brighton-hove.gov.uk)
• National Consumer Line: Citizens Advice Consumer Services (Tel: 0808 223 1133)
Any administrative or payment breach flagged by the Trading Standards officer can trigger an initial statutory civil penalty of up to £5,000, progressing up to a maximum criminal fine of £30,000 or prosecution for recurrent breaches within a 5-year period.
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