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Fees

Only charge payments permitted by the Tenant Fees Act 2019

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.

Status
In force since 1 June 2019
Penalty
Civil penalty up to £5,000, Criminal offence
Topic
Fees

Who it applies to

Assured tenancies (other than social housing), student accommodation tenancies and licences to occupy housing in England, including lodgers. GOV.UK lists as outside the Act: social housing assured tenancies, shared ownership leases, short holiday lets, excluded licences and lettings with annual rent above £100,000.

What you must do

Only require: rent (after the tenancy is entered into); a refundable tenancy deposit within the cap; a refundable holding deposit of up to one week's rent; up to £50 (or higher reasonable costs, evidenced) for a tenant-requested change to the tenancy; a payment for leaving without the required notice (not more than the landlord's loss); utilities, communication services, TV licence, council tax and green deal payments where the tenancy requires them (no profit on resale); default fees written into the agreement for lost keys or security devices (reasonable evidenced cost) and late rent (only once rent is still unpaid at the end of the 14-day period beginning with the due date; interest at no more than 3% a year above Bank of England base rate on the unpaid amount, for each day after the due date). Do not require tenants to take out insurance, a loan or a paid service.

Deadline

Ongoing

Evidence to keep

  • Tenancy agreement listing permitted payments and default fee terms
  • Receipts and invoices supporting any key replacement or change fees
  • Letting agent's published fee list

If you do not comply

Civil penalty
Up to £5,000
Criminal offence
Yes, you can be prosecuted
Other consequences
Financial penalty of up to £5,000 for a first breach; a further breach within 5 years is a criminal offence (unlimited fine, banning order offence) or a civil penalty of up to £30,000 instead of prosecution (TFA ss.8, 12). Prohibited payments must be repaid and are recoverable via the First-tier Tribunal.

The law

Official guidance

Notes

From 1 May 2026 the Act applies to assured tenancies rather than assured shorthold tenancies (RRA s.27). Pet insurance cannot be required: the Bill's proposed pet-insurance carve-out was not enacted. GOV.UK updated guidance (7 July 2026) also advises reviewing guarantor agreements made before 1 May 2026. The older 2020 Tenant Fees Act guidance PDF was withdrawn on 8 May 2026.

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