Understand which payments landlords and letting agents can legally request in England under the Tenant Fees Act.
The Tenant Fees Act
The Tenant Fees Act limits the payments that landlords and letting agents can require from tenants in England.
Any payment that is not specifically permitted by the legislation is generally prohibited. The rules are designed to make renting more transparent and reduce unexpected costs for tenants.
Important
If a payment is not specifically permitted by law, it is generally prohibited.
Permitted payments
Although most fees are banned, certain payments remain lawful where the legal requirements are satisfied.
Rent
Holding deposit (normally up to one week's rent)
Tenancy deposit (subject to statutory limits)
Payments for utilities, council tax and communications where agreed
Default fees where permitted by the tenancy agreement
Payments for tenant-requested contract variations where allowed
Early termination payments where requested by the tenant
Fees that are generally prohibited
Landlords and agents cannot charge tenants simply because they are applying for a tenancy or moving into a property.
Viewing fees
Administration fees
Reference fees
Inventory fees
Check-in fees
Check-out fees
Renewal fees
Guarantor arrangement fees
Compulsory professional cleaning fees
Holding deposits
A holding deposit is separate from the tenancy deposit and is normally limited to one week's rent.
It reserves the property while referencing is completed and is subject to strict refund and retention rules.
Tenancy deposits
A tenancy deposit provides security against qualifying losses during the tenancy.
Where the annual rent is below the statutory threshold, the deposit is generally capped at five weeks' rent. Higher-value tenancies may have a six-week cap.
Where the rules apply, deposits must normally be protected in an approved tenancy deposit scheme.
Default fees
Only certain default fees are permitted, and they must be clearly set out within the tenancy agreement.
Replacement keys or security devices
Interest on late rent where permitted
Important
Landlords cannot invent new default charges during the tenancy.
Ending the tenancy early
Where a tenant requests to end the tenancy early, the landlord may recover reasonable costs where permitted by law and the tenancy agreement.
Charges should reflect actual reasonable costs rather than operate as a penalty.
Always keep records
Whenever you make a payment, keep receipts, bank records and written confirmation explaining what the payment relates to.
Maintaining organised records can make resolving future disputes much easier.
Keep payment confirmations
Save tenancy documents
Retain emails and messages
Record payment dates
What if you're asked to pay a prohibited fee?
Ask the landlord or letting agent to explain why the payment is required and which legal provision allows it.
If you believe a prohibited payment has been requested, you may wish to seek advice from your local authority, Citizens Advice or an appropriately qualified housing adviser.
How Dan & Shiv Realty helps
Transparency is one of our core values. We explain every payment requested during the letting process so tenants understand exactly what they are paying and why.
Transparent payment explanations
Application guidance
Holding deposit support
Move-in assistance
Tenancy administration
Professional communication
Common questions
Frequently asked questions
Can I be charged a referencing fee?+
No. Referencing fees are generally prohibited under the Tenant Fees Act.
Can a landlord charge an administration fee?+
No. General administration fees are normally prohibited.
Can I be charged for replacing lost keys?+
Yes. A reasonable default fee may be permitted if it complies with the tenancy agreement and the law.
Can landlords charge renewal fees?+
No. Renewal fees are generally prohibited.
Can I be required to pay for professional cleaning?+
A landlord cannot generally require a compulsory professional cleaning fee. However, tenants remain responsible for returning the property in the condition required by the tenancy agreement, allowing for fair wear and tear.
What should I do if I'm asked to pay an unlawful fee?+
Request a written explanation and seek advice from your local authority or an independent housing adviser if necessary.
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