Tenant Fees Act 2019 Explained: What Your Landlord Cannot Charge You

If you're renting in England, the Tenant Fees Act 2019 is one of the most important pieces of legislation protecting you — and one of the least understood. It bans most upfront fees and caps several others. Here's what it actually means for your tenancy.

What the Act actually bans

Since June 2019, landlords and letting agents in England cannot charge tenants for most things beyond rent and a capped deposit. Banned fees include:

• Admin or referencing fees
• Credit check fees
• Inventory fees
• Check-out fees
• Renewal fees for extending a tenancy

If your agreement includes any of these as a separate charge, the clause is a "prohibited payment" and is not enforceable — regardless of whether you signed it.

The deposit cap

For tenancies where the annual rent is under £50,000, your deposit is capped at 5 weeks' rent. If your annual rent is £50,000 or more, the cap rises to 6 weeks. Any deposit above this limit is unlawful and must be returned to you.

Holding deposits

Landlords can ask for a holding deposit to reserve a property, but it's capped at one week's rent. It must be refunded within 15 days if the tenancy doesn't go ahead, unless the tenant withdraws, fails a right-to-rent check, or provides false information.

Default fees — what's actually allowed

The Act does permit a small number of "default fees" when a tenant breaches the agreement, but only in specific circumstances:

• Late rent interest: capped at 3% above the Bank of England base rate, and only after rent is 14+ days late
• Lost keys: landlords can recover reasonable, evidenced costs — not an arbitrary flat fee

Anything beyond these — including most "cleaning fees," "professional cleaning requirements," or fixed penalty charges — falls outside what's permitted unless very specific conditions are met (such as the property being professionally cleaned before move-in, with a receipt).

What to do if you spot a banned fee

If your tenancy agreement includes a fee that looks like it might be banned:

• Don't assume signing the agreement makes the clause enforceable — prohibited payments are void by law
• Raise it in writing with your landlord or letting agent before signing
• If you've already paid a banned fee, you can request it back — and in some cases, a First-tier Tribunal can order repayment

Check your own agreement

Spotting these clauses in dense legal language isn't always easy. TenancyCheck analyses your full tenancy agreement against the Tenant Fees Act 2019 and other UK housing law, flagging anything that looks unlawful in plain English — for £4.99.

This article is for informational purposes only and does not constitute legal advice. For complex disputes, consult a qualified solicitor.