The Tenant Fees Act 2019 (TFA) looks straightforward at first glance: no admin fees, no referencing fees, no inventory fees. But seven years in, enforcement tells a different story. Councils issue £5,000 civil penalties for a single banned fee on first breach, and £30,000 (or criminal prosecution) for repeat offences.
The Renters’ Rights Act 2025 doesn't replace the TFA — it sits alongside it, but the ban on rent-in-advance beyond one month from 1 May 2026 effectively closes one of the last loopholes used to dress up banned fees. In 2026 the enforcement focus is on three areas: holding deposits held too long, default fees beyond actual loss, and landlord pressure to pay 6 months up front.
This guide lists every payment that is legal under the TFA + RRA 2025 combined, the exact caps, and the three record-keeping habits that keep you out of trouble.
The permitted payments: complete 2026 list
Only the following payments may be required from a tenant on an assured shorthold tenancy (until 1 May 2026) or assured periodic tenancy (from 1 May 2026 onwards) in England:
| Permitted payment | Cap / rules | Notes |
|---|---|---|
| Rent | No cap on amount, but capped at 1 month in advance from 1 May 2026 (RRA) | Must be clearly defined in the tenancy |
| Refundable tenancy deposit | Up to 5 weeks' rent (6 weeks if annual rent ≥£50,000) | Must be protected within 30 days |
| Refundable holding deposit | Up to 1 week's rent | Must be refunded or applied against rent within 15 days, or deadline agreed |
| Default fees | Only late rent + lost keys | Late rent: only after 14 days, capped at 3% above Bank Base. Lost keys: actual cost only |
| Utilities, council tax, communications, TV licence | Actual cost only | If expressly included in the tenancy |
| Variation / assignment fee | Up to £50 | Only at tenant's request |
| Early termination fee | Landlord's actual loss | Only if tenant requests it |
Anything not on this list is a prohibited payment, regardless of how it's labelled.
The three most common 2026 enforcement cases
1. Holding deposit held longer than 15 days
You can take a holding deposit of 1 week's rent. But if you haven't let the property, signed contracts or given the tenant a reason by day 15, you must refund it in full. Councils are auditing email threads to check, so keep the paper trail.
2. "Cleaning fees" dressed up as default fees
You cannot charge a flat £100 "cleaning fee" at the end of the tenancy as a matter of course. You can deduct from the deposit for specific damage or cleaning beyond "fair wear and tear", evidenced with invoices.
3. Rent-in-advance beyond 1 month (RRA 2025)
The classic "pay 6 months up front as foreign tenant / sole trader / poor referencing" is banned from 1 May 2026. Demanding more than 1 month + 5 weeks deposit is a prohibited payment offence.
Acceptable workarounds:
Record-keeping: the three habits
Habit 1: Itemise every payment in the tenancy agreement
Ambiguity is your enemy. List: "rent £X/month + refundable deposit £Y + utilities at actual cost (council tax, gas, electricity, water)". Do not say "plus agent's costs" or "admin fee".
Habit 2: Issue dated receipts for every payment
Every payment in and out should be traceable. Bank transfers beat cash. If a tenant pays you directly, issue a PDF receipt same day.
Habit 3: Document default fee workings
If you charge for lost keys, keep the locksmith invoice. If you charge late-rent interest, show the Bank Base calculation and the 14-day clock.
Penalties 2026
FAQs
Can I charge a check-out inventory fee?
No — check-in and check-out inventory fees are prohibited. Cost must be absorbed by the landlord.
Can I charge a referencing fee?
No — a flat tenant-paid referencing fee is banned. You must pay the referencing provider yourself.
Can I charge for a replacement tenant?
Only your actual, reasonable costs (re-listing, viewings, new contracts). Capped at the rent until a replacement is found.
Does the TFA apply to company lets?
No — company lets are outside the Housing Act 1988 AST regime and the TFA doesn't apply. But many corporate landlords voluntarily mirror it.
Is rent-in-advance always banned from May 2026?
The RRA bans demanding or requiring more than 1 month in advance. A tenant can voluntarily pay more (e.g., paying for the whole first month plus current-month rent at move-in). The test is: did the landlord apply pressure?
Where to go next
Start free, no card needed to collect the rent by Direct Debit, issue PDF receipts and log every payment (deposit, rent, default fee) per tenancy, delivered through a free tenant portal · the audit trail councils actually ask for.
2026 UK Landlord Compliance Cheat Sheet
Every Gas Safety, EICR, EPC, deposit and Right to Rent deadline on one printable A4 page. Updated for the Renters’ Rights Act 2025.
- Every UK statutory deadline by document type
- Maximum penalty per breach (HSE, MEES, RtR, deposit)
- What blocks a Section 8 / Form 6A possession claim
- Print-friendly A4 with checkboxes
Frequently asked questions
What fees can landlords still legally charge in 2026?
Only: rent, refundable tenancy deposit (up to 5 weeks’ rent, 6 weeks if annual rent ≥ £50k), refundable holding deposit (up to 1 week’s rent), default fees (late rent at 3% above Bank Base after 14 days; lost keys at actual cost), utilities/council tax/TV licence (actual cost), variation/assignment fee at tenant’s request (capped at £50), and early termination fee (landlord’s actual loss). Everything else is a prohibited payment.
Can I still take 6 months’ rent in advance in 2026?
No — from 1 May 2026 the Renters Rights Act caps rent-in-advance at 1 month. Demanding more is a prohibited payment. Acceptable alternatives: a UK-resident guarantor, a higher rent figure (consistently applied), or a professional guarantor service (Housing Hand, Homepact).
Is a cleaning fee at the end of tenancy legal?
No — a flat "end-of-tenancy cleaning fee" is a prohibited payment. You can only deduct from the deposit for specific damage or cleaning beyond fair wear and tear, and only with supporting invoices.
What is the penalty for a first-breach prohibited payment?
Up to £5,000 civil penalty from Trading Standards for a first breach, rising to £30,000 or criminal prosecution for a second breach within 5 years. The landlord may also be blocked from serving a Section 8 notice while the prohibited payment is retained.