The Tenant Fees Act 2019 still governs what you can and cannot charge tenants in England — but the Renters’ Rights Act 2025 added two important changes from 1 May 2026: a cap on rent in advance and a ban on rental bidding. This guide sets out the permitted payments, the deposit caps, and the new rules. It is written for England.
This guide is part of our complete Renters’ Rights Act guide for UK landlords.
Key takeaways
- Most fees remain banned — referencing, viewings, inventories, admin and similar charges cannot be passed to tenants.
- Deposits are capped at five weeks’ rent (annual rent under £50,000) or six weeks’ (£50,000+); holding deposits at one week’s rent.
- New for 2026: you can require no more than one month’s rent in advance, and only after the agreement is signed.
- New for 2026: rental bidding is banned — you cannot invite or accept offers above the advertised rent.
What the Tenant Fees Act bans
Since 1 June 2019, landlords and letting agents cannot charge tenants for things that used to be common add-ons. Banned charges include fees for viewings, referencing and credit checks, inventories, professional cleaning as a condition of the tenancy, guarantor arrangements, and general administration. Anything not on the list of “permitted payments” is prohibited.
Permitted payments
You can still ask for a limited set of payments:
- Rent.
- A refundable tenancy deposit, capped at five weeks’ rent where the annual rent is under £50,000, or six weeks’ where it is £50,000 or more. It must be protected in a government-approved scheme.
- A refundable holding deposit, capped at one week’s rent.
- Default fees for late rent and lost keys or security devices (see below).
- A charge for varying, assigning or ending the tenancy at the tenant’s request — a variation is capped at £50 unless you can evidence higher reasonable costs.
Default fees: late rent and lost keys
For late rent, you can charge interest of up to 3% above the Bank of England base rate, and only once the rent is more than 14 days overdue. For lost keys or security devices, you can recover the reasonable, evidenced cost of replacement — keep receipts. You cannot invent default fees that are not genuine costs.
New in 2026: rent in advance is capped
The Renters’ Rights Act amended the Tenant Fees Act to stop landlords demanding large upfront payments. You cannot require or accept any rent in advance before the tenancy agreement is signed. Once it is signed, you can ask for no more than one month’s rent (or 28 days’ rent for tenancies with rent periods shorter than a month) before the tenancy begins. After it starts, you cannot enforce a term requiring rent to be paid ahead of its due date. This is a significant change for landlords who previously asked students or overseas tenants for several months’ or a year’s rent upfront.
New in 2026: no rental bidding
You must publish an asking rent and cannot invite, encourage or accept offers above it. This ends the practice of pitting prospective tenants against each other to drive the rent up.
Deposits and council tax / utilities
You can include utilities and council tax within the rent, or require the tenant to pay them directly, provided this is clear in the tenancy agreement — but you cannot add an administration charge for doing so. Charges for damage beyond fair wear and tear are recovered from the deposit, supported by a check-in inventory.
Penalties for getting it wrong
Charging a prohibited payment can lead to a financial penalty of up to £5,000 for a first breach. A repeat breach within five years is a criminal offence and can attract a penalty of up to £30,000 (as an alternative to prosecution). Any banned fee taken in error must be repaid promptly.
Frequently asked questions
Can I still ask for six months’ or a year’s rent upfront?
No. Since 1 May 2026 you can require no more than one month’s rent in advance, and only after the tenancy agreement is signed.
What is the maximum deposit I can take?
Five weeks’ rent where the annual rent is under £50,000, or six weeks’ where it is £50,000 or more. The holding deposit is capped separately at one week’s rent.
Can I charge a fee for late rent?
Only interest of up to 3% above the Bank of England base rate, and only once the rent is more than 14 days overdue.
Written by the Landlords Portal editorial team. This article is general information for UK landlords, not legal advice. The Renters’ Rights Act is being implemented in stages and secondary regulations continue to be published — check the current position or take professional advice. Sources: Guide to the Renters’ Rights Act (GOV.UK), the Tenant Fees Act 2019 and the Renters’ Rights Act 2025.
