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Tenant Fees Act 2019: What Landlords Can and Cannot Charge

Last updated: 1 April 2026

Contents

What is the Tenant Fees Act 2019?

The Tenant Fees Act 2019 came into force on 1 June 2019 and applies to all assured shorthold tenancies and licences to occupy in England. It bans most fees that landlords and letting agents previously charged to tenants.

Before this Act, tenants routinely paid hundreds of pounds in fees just to secure a rental, including administration fees, referencing fees, check-in fees, inventory fees, and renewal fees. The average tenant was paying over £400 in fees on top of the deposit and first month's rent.

The Act ensures that the only payments tenants are required to make are rent, a capped security deposit, a capped holding deposit, and a limited number of other specified payments.

Permitted Payments

Under the Tenant Fees Act 2019, the only payments a landlord or agent can require from a tenant are:

  • Rent (the agreed monthly or weekly rent)
  • A security deposit capped at five weeks' rent if the annual rent is under £50,000, or six weeks' rent if the annual rent is £50,000 or more
  • A holding deposit capped at one week's rent to reserve the property while references are carried out
  • Payments for utilities (gas, electricity, water, council tax, TV Licence, broadband) if the tenant is contractually responsible
  • A default fee for lost keys or replacement security devices, but only if the charge is reasonable and evidenced by receipts
  • A default fee for late rent, but only if the rent is more than 14 days overdue and the fee does not exceed 3% above the Bank of England base rate on the outstanding amount
  • Payments for a change of sharer requested by the tenant, capped at £50 or the landlord's reasonable costs, whichever is higher
  • Payments for early termination of the tenancy requested by the tenant, limited to the loss suffered by the landlord (typically rent until a new tenant is found, up to a maximum of the remaining rent due under the tenancy)

    • Banned Fees

    The following fees are banned under the Tenant Fees Act 2019. If your landlord or agent asks you to pay any of these, they are breaking the law:

  • Administration fees or application fees
  • Referencing fees (credit checks, employer references, previous landlord references)
  • Inventory check-in and check-out fees
  • Tenancy renewal fees
  • Cleaning fees charged upfront (cleaning can only be deducted from the deposit at the end of the tenancy if justified)
  • Garden maintenance fees
  • Professional cleaning fees charged upfront
  • Any fee not listed in the permitted payments above

    • Agents sometimes try to disguise banned fees under different names. If you are asked to pay anything other than the permitted payments listed above, it is likely unlawful.

    The Deposit Cap

    The Act caps security deposits at five weeks' rent for most tenancies. Here is how to calculate it:

    Formula: (Monthly rent x 12) / 52 x 5

    For example, if your monthly rent is £1,000: (£1,000 x 12) / 52 x 5 = £1,153.85

    If your landlord asked for a deposit higher than this amount after 1 June 2019, the excess is an unlawful payment and you can reclaim it.

    The deposit must still be protected in a government-approved scheme within 30 days (see our Deposit Protection guide).

    Holding Deposits

    A holding deposit is a payment to reserve a property while referencing checks are carried out. Under the Tenant Fees Act 2019:

  • The holding deposit is capped at one week's rent
  • The landlord must decide whether to grant you the tenancy within 15 days (the "deadline for agreement"), unless you agree to a longer period in writing
  • If the tenancy goes ahead, the holding deposit must be put towards the first month's rent or the security deposit
  • The holding deposit must be returned if: the landlord decides not to let to you, or the landlord fails to take all reasonable steps to enter into the tenancy before the deadline
  • The landlord can keep the holding deposit if: you provide false or misleading information, you fail a Right to Rent immigration check, or you pull out of the tenancy without good reason

    • Enforcement and Penalties

    Charging a prohibited fee is a civil offence. Local council trading standards teams are responsible for enforcement.

    Penalties include:

  • A financial penalty of up to £5,000 for a first offence
  • A financial penalty of up to £30,000 or criminal prosecution for a repeat offence within five years
  • The landlord cannot serve a valid Section 21 notice until any unlawful fee has been repaid (under the old rules; now superseded by the Section 21 abolition)

    • If you have been charged an unlawful fee:

  • Ask the landlord or agent to refund it in writing, referencing the Tenant Fees Act 2019
  • If they refuse, report them to your local council's trading standards team
  • You can also apply to the First-tier Tribunal for a recovery order
  • Keep evidence: the advert, your tenancy agreement, receipts or bank statements showing the payment, and all correspondence

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    Related Guides

    Deposit Protection

    How deposit protection works, the 3 government schemes, deadlines, and what happens when your landlord fails to comply.

    Rent Increases

    Section 13 process, how often rent can increase, challenging unfair rises at tribunal, and gathering market evidence.

    Section 21 Eviction

    What Section 21 is, the Renters' Rights Act 2025 changes, transitional rules, and how to challenge invalid notices.

    Disclaimer

    This guide provides general information about tenant rights in England based on legislation current as of 2026. It is not legal advice. If you need help with a specific situation, contact Shelter (0808 800 4444) or Citizens Advice.