Prohibited letting fees: what you cannot be charged in England
Most letting fees have been illegal in England since 2019. This guide covers what landlords and agents cannot charge you, what they are still permitted to ask for, and a new rule from 1 May 2026 that restricts rent in advance for the first time.
What the Tenant Fees Act bans
The Tenant Fees Act 2019 makes it illegal for landlords or letting agents to charge tenants any payment that is not a "permitted payment."
The following are prohibited:
- Admin fees
- Credit check or referencing fees
- Inventory fees
- Check-out or check-in fees
- Professional cleaning fees (unless the tenancy agreement requires a specific standard and the tenant has failed to meet it)
- Gardening fees
- Renewal or extension fees
- Any other fee not explicitly listed as permitted
If a landlord or agent charges you any of these, they are breaking the law.
What landlords and agents can still charge
The Act limits permitted payments to a short list:
Tenancy deposit
Capped at five weeks' rent where the annual rent is below £50,000. Capped at six weeks' rent where the annual rent is £50,000 or above.
Holding deposit
Capped at one week's rent. This reserves the property while referencing is completed. It must be returned within 15 days, or applied to the first rent payment or tenancy deposit, unless you withdraw, fail right-to-rent checks, or provide false or misleading information.
Early termination payment
Only chargeable if you ask to leave before the end of the tenancy. It must reflect the landlord's reasonable costs and cannot exceed the rent owed for the remaining term.
Variation, assignment or novation fee
Capped at £50 (including VAT). This covers the paperwork cost of making a change to the tenancy, such as adding or removing a tenant.
Default fees
Two types are permitted: interest on overdue rent (at a rate no higher than 3% above the Bank of England base rate, charged on rent more than 14 days late), and a reasonable charge for a lost key or security device.
New from 1 May 2026: rent in advance is restricted
The Renters' Rights Act 2025 amends the Tenant Fees Act to introduce new rules on rent in advance. These apply to all assured tenancies in England from 1 May 2026.
From that date:
- A landlord or agent cannot ask for, encourage, or accept any payment of rent before you have signed the tenancy agreement.
- Once you have signed, they can ask for a maximum of one month's rent in advance before the tenancy starts.
- Once the tenancy starts, a landlord cannot enforce any clause requiring rent to be paid ahead of its due date.
This change targets a practice that has become more common since landlords began using large upfront rent payments as a substitute for referencing checks, particularly against tenants on benefits or with non-standard income. The new rule does not prevent you voluntarily agreeing to pay more than one month upfront, but it does prevent a landlord from requiring it as a condition of letting to you.
What happens if you are charged a prohibited fee
A landlord or agent who charges a prohibited fee faces a civil penalty of up to £5,000 for a first breach. A repeat breach can result in a penalty of up to £30,000 or a criminal prosecution.
If you have been charged a prohibited fee, you can report it to your local council's trading standards or housing enforcement team. If you paid a prohibited fee before 1 June 2020, the landlord cannot keep a tenancy deposit while that fee remains unpaid.
Keep records of any payments you make, including receipts, bank statements, and any written requests from your landlord or agent.