Guidance updated: Cleaning fees and breach penalties under the Tenant Fees Act

What changed

On 12 November 2026, the government updated its official guidance on fees landlords can charge under the Tenant Fees Act 2019. The update adds explicit rules regarding requirements to pay for cleaning and claims for damages resulting from a breach of contract.

Key points

• Cleaning clauses are prohibited: Landlords cannot routinely require tenants to pay for professional cleaning at the end of a tenancy. Any automatic requirement to pay for cleaning is likely a prohibited payment.
• Fair wear and tear: Tenants are only responsible for returning the property in the condition they received it, allowing for fair wear and tear.
• Evidenced cleaning claims only: Landlords may only claim cleaning costs against the deposit or as breach-of-contract damages if the property is not returned in that condition, and the claim must be backed by evidence of actual costs incurred.
• Fixed penalty fees are unenforceable: Clauses designed to deter breach or punish tenants are unfair terms. GOV.UK explicitly identified the following as unenforceable fixed penalties:
• Fixed £25 charge for chasing rent arrears via letters, emails, or calls.
• Blanket £100 per hour contractor rates for maintenance visits.
• Fixed £50 charge for a missed appointment with a contractor.
• Fixed £25 + VAT fee for late rent letters or £75 + VAT for personal visits.
• Actual loss only: Any claim for damages during or after the tenancy must cover only genuine, evidenced losses or costs actually incurred.

What it means for private landlords

Review your tenancy agreements and standard communications immediately: 1. Remove any clauses mandating professional cleaning at checkout. 2. Remove any fixed administrative penalties for late rent chasing letters or missed contractor appointments. 3. Ensure all deposit deductions or damage claims are supported by invoices, receipts, and check-in/check-out inventory reports.

Source: Fees you can charge as part of a tenancy on GOV.UK, published or updated 12 November 2026.