9:24 AM, 8th January 2026, About 2 weeks ago 6
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The government has quietly updated its official guidance on what landlords and letting agents can charge during a tenancy, adding new detail on how council tax and TV licence payments should be handled.
Changes have been made to the ‘Fees you can charge as part of a tenancy‘ section of the guidance for landlords and agents, which sits under the broader advice on renting out a property.
The update focuses on utilities and household bills, an area that has continued to generate confusion years after the Tenant Fees Act came into force.
Officials have now added specific wording to explain that council tax and TV licence payments fall under separate rules from other utilities.
The clarification is designed to help landlords and agents distinguish between permitted charges and costs that must remain the tenant’s responsibility.
The revised guidance states that while tenants can be required to pay council tax where it applies, the liability depends on the type of property and who occupies it.
This can vary between single lets, HMOs and properties where the landlord retains responsibility under local authority rules.
TV licence payments have also been singled out, with the guidance underlining that tenants are responsible for holding a valid licence if they watch or stream live television or use BBC iPlayer.
Landlords, however, may remain liable in certain shared accommodation scenarios, depending on how the tenancy is structured.
The update does not change the law itself, but it does signal a renewed effort by the government to tighten up interpretation of the Tenant Fees Act.
Enforcement bodies have previously warned that misunderstandings around permitted payments continue to expose landlords and agents to financial penalties.
The amended guidance is now live on the UK government website and applies to landlords and letting agents operating in England.
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Freda Blogs
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Member Since July 2013 - Comments: 744
12:31 PM, 8th January 2026, About 2 weeks ago
I like to think I keep myself well informed about LL issues, but am I alone in having heard nothing about this item previously?
Whilst ignorance of the law is no defence, seemingly stealthy changes such as this leads one to think the Government and Councils are looking for LLs to slip up so they can be prosecuted or fined…
DPT
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Member Since October 2020 - Comments: 1094
15:21 PM, 8th January 2026, About 2 weeks ago
Reply to the comment left by Freda Blogs at 08/01/2026 – 12:31
It isn’t a change, just a clarification. Separate payment of council tax or a tv licence fee to a landlord, (not as part of the rent) was never allowed, although many landlords didn’t realise this.
AnthonyJames
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Member Since July 2013 - Comments: 459
18:22 PM, 9th January 2026, About 2 weeks ago
Reply to the comment left by DPT at 08/01/2026 – 15:21
But what about the case of a resident landlord with an existing council tax account? Surely the lodgers should be reimbursing the landlord for their fair share of the council tax, not registering separately for council tax with the council? Does this mean the council gets multiple council tax amounts on the same property, as each lodger has to pay the full amount separately?
Ditto: 4 lodgers, 1 landlord resident in a house. Why does each of them have to pay for a TV license?
Peter Merrick
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Member Since October 2022 - Comments: 185
0:10 AM, 10th January 2026, About 2 weeks ago
Reply to the comment left by AnthonyJames at 09/01/2026 – 18:22
Most landlords of shared accommodation just include utilities and council tax in a single all-inclusive rent and then treat them as an expense of running the property.
There’s no requirement for each tenant to pay a separate council tax charge, as CT applies to the property as a whole, unlike the old Community Charge (aka “Poll Tax”).
The TV licence fee is a completely different matter as current BBC policy is that the landlord’s licence only applies to the common areas with the landlords own equipment, and tenants are legally required to have their own licence to watch TV in their own private space.
In reality, TV licensing are not likely to investigate if the landlord holds a licence for the house, but tenants without a licence watch their own TV at their own risk.
Cristian
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Member Since June 2013 - Comments: 32
22:10 PM, 10th January 2026, About 2 weeks ago
I went to the link provided by the article and the guidance is this:
“Utilities and other bills
You can include the costs of utilities such as gas, electricity, water bills and communication services such as broadband and a landline phone in the rent payment.
If some or all of these bills are included with the rent, these must be listed as terms in the tenancy agreement. Any utilities included in the rent must be an accurate reflection of costs.”
I don’t get it, can someone help here. As I read the guidance the bills can be included in the rent. But that means the rent is “all inclusive”, so how is the tenant charged for the bills then?
DPT
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Member Since October 2020 - Comments: 1094
13:41 PM, 16th January 2026, About 7 days ago
Reply to the comment left by Cristian at 10/01/2026 – 22:10
A landlord can recover the cost from the tenants whether they charge for utilities separately or as part of the rent. With Council Tax, they only have the option to recover the cost if its included in the rent.