The Tenant Fees Act 2019 bans landlords and agents from charging private tenants in England any payment that does not appear on the Act's permitted payments list. Prohibited payments include referencing fees, admin fees, inventory fees, renewal charges, and check-out fees. Charging a prohibited payment is a civil offence, first breach up to �5,000; repeat breach up to �30,000.
Referencing fees � Admin/setup fees � Inventory (check-in and check-out) fees � Renewal fees � Guarantor referencing fees � Professional cleaning fees (upfront) � Pet deposits or non-refundable pet fees � Third-party fees redirected at a profit.
Permitted payments, the full list
- Rent, the agreed monthly (or other periodic) rent
- Tenancy deposit, capped at 5 weeks' rent (annual rent below �50,000) or 6 weeks' rent (above �50,000). Must be protected in an approved scheme within 30 days
- Holding deposit, capped at 1 week's rent. Must be returned or credited within 15 calendar days
- Default fees, only for: (1) lost keys/security devices at reasonable replacement cost; (2) late rent (14+ days late) at 3% above Bank of England base rate
- Variation/assignment fee, capped at �50 per change (or actual cost if higher) when the tenant requests a change
- Early termination fee, when the tenant requests early surrender, capped at the landlord's actual financial loss from re-letting
Holding deposit rules in detail
- Maximum: 1 week's rent = (monthly rent � 12) � 52
- 15-day deadline: enter the tenancy or repay the holding deposit within 15 calendar days
- Grounds to retain: false information; failed right-to-rent; applicant withdraws; applicant fails to take reasonable steps to proceed
- Must notify applicant in writing within 7 days if retaining the holding deposit
- Landlord withdrawal from the let: requires repayment of the holding deposit, landlord cannot retain it
Interaction with Renters' Rights Act 2025
- Pet damage insurance: the RRA 2025 specifically permits landlords to require pet damage insurance as a condition of pet consent, this overrides the general Tenant Fees Act insurance prohibition
- No fees for pet requests, PAT drafting, or Information Sheet serving
- Outstanding prohibited payments may affect Section 8 possession proceedings
First breach: civil penalty up to �5,000. Repeat breach within 5 years: up to �30,000 + banning order trigger. The prohibited payment must be repaid regardless of penalty.