Fees
No rent may be requested or accepted before the tenancy is entered into
You cannot ask for, encourage or accept any rent before the tenancy agreement is signed or otherwise entered into. Holding deposits and tenancy deposits are separate.
- Status
- In force since 1 May 2026
- Penalty
- Civil penalty up to £5,000
- Topic
- Fees
Who it applies to
Any proposed assured tenancy of housing in England (landlords and letting agents).
What you must do
Do not invite, encourage, accept an offer of, or accept any payment of rent (to you, your agent or a third party) before the tenancy is entered into. A payment of rent payable before an assured tenancy is entered into is a prohibited payment under the Tenant Fees Act 2019.
- Deadline
Before the start of the tenancy
Applies throughout the pre-contract stage, up to the moment the tenancy agreement is entered into. After signing, see rule rent-in-advance-limit.
Evidence to keep
- Payment records showing no rent received before the tenancy agreement date
- Signed and dated tenancy agreement
If you do not comply
- Civil penalty
- Up to £5,000
- Other consequences
- Council (trading standards) financial penalty of up to £5,000 under Tenant Fees Act 2019 s.8 (which now covers breaches of s.5A). The council can require the prohibited payment to be repaid, and the tenant can recover it through the First-tier Tribunal.
The law
- Renters' Rights Act 2025, s.9 (prohibition of rent in advance before lease entered into; inserts Tenant Fees Act 2019 s.5A and Sch 1 para 1(1A))legislation.gov.uk
- Tenant Fees Act 2019, Schedule 1 (permitted payments)legislation.gov.uk
- Tenant Fees Act 2019, s.8 (financial penalties)legislation.gov.uk
Official guidance
Notes
The Tenant Fees Act s.12 repeat-breach offence (and the £30,000 penalty) applies to breaches of ss.1 and 2, not s.5A, so the maximum here is £5,000 per breach. A holding deposit can be applied to the first rent with the tenant's consent once the tenancy is entered into (TFA Sch 2 para 6).
Other fees rules
2 rules- Only charge payments permitted by the Tenant Fees Act 2019In force since 1 June 2019Fine up to £5,000
You can only require tenants, licensees or guarantors to pay the payments on the Tenant Fees Act list. Everything else, including requiring insurance or paid services, is a prohibited payment.
- Holding deposit: cap at one week's rent and refund within 7 daysIn force since 1 June 2019Fine up to £5,000
A holding deposit is capped at one week's rent, only one may be taken per property at a time, and it must be refunded within 7 days unless a legal exception applies and you give written reasons within 7 days.