What they can charge
The rule is simple: if a payment isn’t on this list, it’s banned. In England, the only payments a landlord or agent can ask a tenant for are:
| Permitted payment | Limit |
|---|
| Rent | As agreed (and it can’t be loaded at the start to dodge the rules) |
| Tenancy deposit | Max 5 weeks’ rent (rent under £50,000/yr) or 6 weeks’ (£50,000+); must be protected |
| Holding deposit | Max 1 week’s rent to reserve the property |
| Changing or ending the tenancy at your request | Reasonable, evidenced costs (capped for early exit) |
| Bills — council tax, utilities, TV licence, broadband/phone | Where you’ve agreed to pay them |
| Default fees (lost key / late rent only) | See below — strictly limited |
Your deposit still has to be protectedWhatever the deposit, it must go into a government-backed protection scheme within 30 days — a separate right. See
tenancy deposit protection.
What they can’t charge
These fees used to be routine before the ban. They’re now prohibited payments — you don’t have to pay them, and if you already have, you can claim them back:
- Referencing fees and credit checks
- Application / admin / “holding” admin fees beyond the 1-week holding deposit
- Inventory, check-in and check-out fees
- Renewal fees for extending or renewing a tenancy
- Guarantor fees
- “Professional cleaning” charged as a condition of the tenancy (they can only deduct from the deposit at the end for genuine, evidenced cleaning)
- Gardening, “administration”, or any other charge not on the permitted list
“It’s just an admin fee” — no it isn’tAn agent can’t rename a banned fee to get around the rules. If you’re asked for referencing, admin, inventory, renewal or check-out money, it’s a prohibited payment. You can decline it, and it doesn’t affect your right to the tenancy.
The only “default fees” allowed
Two — and only if they’re written into your tenancy agreement:
- Lost key or security device — a reasonable charge for the actual replacement cost, with evidence (a receipt). Not a flat “lost-key fee”.
- Late rent — interest on rent that’s more than 14 days late, capped at 3% above the Bank of England base rate, backdated to the day it was due. No flat late-payment penalty.
A landlord can still recover genuine, evidenced costs if you breach the tenancy (for example damage) — but they can’t invent fixed penalties. If a default charge looks inflated or has no receipt behind it, challenge it.
How to get an illegal fee back
- Ask in writing. Tell the landlord or agent it’s a prohibited payment under the Tenant Fees Act and ask them to repay it. Keep it factual and dated.
- Keep your evidence. The tenancy agreement, the payment receipt, and the emails/messages. A prohibited payment must be repaid.
- Report it to trading standards. Your local council’s trading standards team enforces the ban and can fine the landlord or agent up to £5,000 for a first breach — and up to £30,000, or prosecution, for a repeat breach within five years.
- Apply to the First-tier Tribunal. The Property Chamber can order the money back to you if they still won’t repay.
Do this now
Look back at everything you were charged to move in. If any of it was referencing, admin, inventory, renewal or check-out, or a deposit over 5 weeks’ rent, email the agent asking for it back as a prohibited payment — use our letter writer to draft it.
Then make sure your deposit is protected in a scheme, and if there’s a wider problem with the tenancy, see know your rights or free help from Shelter (0808 800 4444) and Citizens Advice.
Source verification
Primary sources: GOV.UK — Tenant Fees Act 2019 guidance for tenants and statutory guidance for enforcement authorities (as amended by the Renters’ Rights Act 2025):
gov.uk/guidance/tenant-fees-act-2019-guidance-for-tenants; the Act itself and Schedule 1 (permitted payments) on
legislation.gov.uk; and Shelter Legal England (Tenancy fees). Last verified 2 July 2026 — the 5-week / 6-week deposit cap, the 1-week holding deposit cap, the permitted-payments list, the prohibited-payments (referencing/admin/inventory/renewal/check-out), the two allowed default fees (lost key; late-rent interest at 3% above the Bank of England base rate after 14 days), the trading-standards penalties (up to £5,000 first breach, up to £30,000 / prosecution for a repeat breach) and the First-tier Tribunal recovery route were web-checked against GOV.UK, legislation.gov.uk and Shelter. Confidence: High — statutory caps and bans. Scope: England (Wales = Renting Homes (Fees etc.) (Wales) Act 2019; Scotland banned most fees since 2012; NI differs). Not legal advice — free help from Shelter and Citizens Advice.
Tenant fees — common questions
What can a landlord or agent charge me?
Only the rent, a capped tenancy deposit (5 weeks’ rent under £50k/yr, 6 weeks’ above), a 1-week holding deposit, costs if you ask to change/end the tenancy, agreed bills, and two limited default fees (lost key, late rent). Everything else — referencing, admin, inventory, renewal, check-out — is banned.
How much can my deposit be?
Capped at 5 weeks’ rent if your annual rent is under £50,000, or 6 weeks’ rent if it’s £50,000 or more. A separate holding deposit is capped at 1 week’s rent. The deposit must also be protected in a government scheme.
Can they charge a referencing or admin fee?
No. Referencing, admin, credit-check, inventory, check-in/out, renewal and guarantor fees are all banned in England. Renaming a fee “admin” doesn’t make it legal — it’s a prohibited payment.
What default fees are allowed?
Only a reasonable, evidenced charge for a lost key/security device, and interest on rent over 14 days late (capped at 3% above the Bank of England base rate) — and only if they’re in your tenancy agreement. No flat late-payment penalties.
How do I get an illegal fee back?
Ask in writing (it’s a prohibited payment), keep your receipts, report it to your council’s trading standards (fines up to £5,000, up to £30,000 for repeat breaches) and apply to the First-tier Tribunal to recover the money.