What is the Tenant Fees Act 2019?

The Tenant Fees Act 2019 restricts the payments landlords and letting agents can require in connection with renting a home in England. Its aim is to make renting costs more transparent and prevent unexpected or excessive charges.

The rules cover most private assured tenancies, relevant student accommodation and many licences to occupy housing, including many lodger arrangements. There are exceptions, including certain social housing, shared ownership and holiday lets, and arrangements with annual rent above £100,000. Check the precise tenancy type before relying on an exception.

↑ Back to contents

Which payments can landlords legally require?

Anything outside the statutory list should be treated as prohibited unless a specific legal exception applies. Calling a payment an “administration contribution” or including it in the tenancy agreement does not make it lawful.

↑ Back to contents

Rent in advance: what changed in 2026?

From 1st May 2026, for assured tenancies landlords and agents must not require or accept rent before the tenancy agreement is entered into. After the agreement has been signed but before the tenancy begins, they may request no more than one month’s rent in advance. Rent during the tenancy must also comply with the applicable payment and anti-front-loading rules.

The rules differ for some other forms of occupation. Do not assume that a historic practice of asking for several months’ rent upfront remains lawful for an assured tenancy.

↑ Back to contents

Tenancy deposits and holding deposits

Tenancy deposits

The maximum tenancy deposit is generally five weeks’ rent where annual rent is below £50,000, or six weeks’ rent where annual rent is £50,000 to £100,000. This is a cap for the tenancy as a whole, not per joint tenant. Where deposit protection legislation applies, protect the deposit in an authorised scheme and provide the prescribed information within the required timescale.

Read our Tenancy Deposit Protection guide for the separate protection and repayment requirements.

Holding deposits

A holding deposit is optional and capped at one week’s rent per tenancy. The normal deadline for agreement is 15 calendar days, although a different deadline can be agreed in writing. There are strict refund and retention rules.

For deadlines, failed referencing, withdrawal and lawful retention, see our dedicated Holding Deposits guide.

↑ Back to contents

Tenancy changes and early termination

Changes requested by a tenant

Where a tenant requests an assignment, novation or variation of the tenancy—for example, replacing one joint tenant—the landlord or agent may generally charge up to £50. A higher charge is only permitted where the reasonable costs actually incurred exceed £50 and can be evidenced. The fee is not an automatic £50 charge regardless of the work involved.

Ending a tenancy without sufficient notice

For an assured periodic tenancy, a tenant who leaves without giving the required notice may be liable for a payment capped by the rent that would have been payable had proper notice been given. The maximum notice period a tenant can generally be required to give under the new regime is two months. Different rules may apply to licences and other arrangements, so calculate the amount using the applicable legal terms.

↑ Back to contents

Default fees: late rent and lost keys

Late payment of rent

A late-rent default charge is only permitted where rent has been outstanding for at least 14 days and the tenancy agreement provides for it. It must be calculated as interest on the overdue amount, at no more than 3 percentage points above the Bank of England base rate, rather than as a fixed administration charge.

Lost keys, fobs and security devices

A landlord or agent may recover reasonable, evidenced costs of replacing lost keys or security devices if the tenancy agreement provides for the charge. Provide written evidence of the costs. A blanket £100 “lost key administration fee” is not automatically lawful.

↑ Back to contents

Which fees are prohibited?

Unless a specific permitted-payment rule applies, landlords and agents must not require tenants, prospective tenants, guarantors or people acting for them to pay fees connected with arranging, granting, continuing, changing or ending a tenancy.

• Referencing and credit-check fees charged to applicants.
• Tenancy set-up and administration fees, including routine agreement preparation.
• Inventory, check-in and check-out fees required as a condition of the tenancy.
• Renewal fees or routine charges for continuing the tenancy.
• Compulsory professional cleaning fees or charges for a required cleaning service; genuine cleaning damage may still be recoverable where legally justified.
• Compulsory insurance, loan or third-party service contracts, including requiring a paid deposit alternative or professional guarantor service.
• Fixed reminder, inspection or general breach fees outside the permitted statutory categories.

Tenants may choose optional products such as contents insurance or a deposit alternative, but the landlord or agent cannot make buying them a condition of the tenancy. A suitable guarantor may be requested, but a tenant cannot be forced to purchase a professional guarantor product.

↑ Back to contents

What happens if a landlord charges a prohibited fee?

Local authorities can investigate prohibited payments and require repayment. A first breach can attract a financial penalty of up to £5,000. A further breach within five years of a previous financial penalty can result in prosecution or a civil penalty of up to £30,000. Criminal conviction can lead to an unlimited fine and may have further consequences.

Tenants can seek repayment, including through the First-tier Tribunal. Unlawful fees can also affect the ability to use certain possession procedures until the prohibited payment has been repaid, subject to the relevant legal rules.

↑ Back to contents