Tenant Fees Act 2019: What Landlords Can and Can't Charge

Know which fees are legal and claim refunds for illegal charges

Quick Answer

The Tenant Fees Act 2019 bans most fees that landlords and agents can charge tenants. Landlords can only charge rent, a deposit (capped at 5 weeks' rent), a holding deposit (1 week's rent), and a statutory guarantor fee. Any other fees—including admin, reference checks, credit checks, or inventory costs—are illegal. If you've paid them, you can claim a refund.

What Fees Are Banned?

The Tenant Fees Act 2019 prohibits landlords and letting agents from charging tenants for nearly everything except rent and deposits. Banned fees include application fees, administration charges, credit check fees, referencing fees, inventory charges, check-in or check-out fees, guarantor fees (beyond the statutory £12), and any "set-up" or other miscellaneous charges.

These restrictions apply to all residential tenancies in England (Scotland, Wales, and Northern Ireland have similar but distinct protections). Breaching the Act is a criminal offense, and you can pursue a refund claim without time limit.

What Fees Can Be Charged?

Rent: As agreed in the tenancy agreement. There's no cap on rent under the Tenant Fees Act.

Deposit: Capped at 5 weeks' rent for a standard tenancy (6 weeks if the annual rent is over £50,000 and there's a guarantor). Must be protected in an approved scheme.

Holding Deposit: Up to 1 week's rent, held while your application is processed. If you withdraw, it can be kept or applied to rent if you proceed.

Statutory Guarantor Fee: Up to £12 (or equivalent) if a guarantor is required. This is the only fee landlords can charge for guarantor verification.

What the Law Says

Tenant Fees Act 2019 (Section 1-3)
Prohibition on tenant fees
Bans lettings agents and landlords from imposing fees on tenants beyond rent, deposit, and holding deposit. Sets caps on deposit amounts and holding deposits.
Housing Act 1988 (Section 215)
Deposit protection
Deposits must be held by an approved scheme and protected with prescribed information given to the tenant within 30 days.
Tenant Fees Act 2019 Guidance (DLUHC)
Enforcement and penalties
Local authorities can fine landlords and agents up to £30,000 per breach. Tenants can sue for refunds and compensation.

Claiming a Refund

If your landlord charged you an illegal fee, you can claim a refund. First, send them a formal written demand citing the Tenant Fees Act 2019 and requesting repayment within 14 days. If they refuse or ignore you, you can escalate to your local council's trading standards or housing team, or pursue a claim in Small Claims Court for the refund plus compensation for any inconvenience or distress caused.

You have 6 years from the date of the breach to claim. Use our RightsCheck tool to gather evidence and draft a demand letter.

FAQ

Can a landlord charge for viewings? +

No. Viewing a property is part of the letting process and cannot be charged for under the Tenant Fees Act 2019.

What if the holding deposit isn't refunded? +

A holding deposit must be refunded if your application is rejected or you withdraw. If the landlord keeps it without justification, this is a breach. You can claim a refund plus compensation through court.

Can a landlord charge for a guarantor? +

Only the statutory fee of £12 (or equivalent in other UK nations). Any higher fee is illegal. This is a one-time charge, not per renewal or reference.

Are letting agent fees banned for tenants? +

Yes. Agents cannot charge tenants any fee—not for arranging the tenancy, not for inventory, not for negotiation, nothing. All agent fees must be paid by the landlord.

What if I've been charged but didn't pay? +

If a landlord tried to collect an illegal fee (e.g., demanded it as a condition of the tenancy) but you refused, you still have grounds to complain to the council, as they attempted a breach even if you didn't pay.

Check Your Tenancy

Use our Tenant Fees Checker to identify any illegal charges you may have paid and generate a refund demand.

Review Your Fees