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What is Tenant Fees Act?
Last verified 23 October 2026
The Tenant Fees Act 2019 bans landlords and letting agents in England from charging tenants any payment that is not on its permitted list. It covers private assured tenancies, student accommodation, HMO tenancies and licences to occupy, including lodgers.
Why it matters to landlords
Permitted payments are rent once the agreement is signed, a refundable tenancy deposit, a refundable holding deposit of up to one week's rent, a late rent fee if the agreement includes one, reasonable costs for a lost key or security device, a capped fee for changing the tenancy at the tenant's request, charges when a tenant ends the tenancy early, and utilities, council tax and TV licence where they apply. Any other charge, such as a fee for referencing, is a prohibited payment.
The tenancy deposit is capped at five weeks' rent where annual rent is below £50,000, or six weeks' rent where it is £50,000 or more. Government guidance updated on 1 May 2026 also says rent must be split evenly across the tenancy. Breaches can lead to a civil penalty, and a repeat breach within five years is a criminal offence.
Example
An agent plans to charge £800 rent in the first month and £500 a month after that, to cover set up costs. Under the guidance, the extra £300 is a prohibited payment. The agent must charge the same rent each month instead.
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