Tenant Fee Ban Toolkit

Introduction

Since 1 June 2019, landlords and agents have been unable to charge a number of fees in England for new tenancies signed on or after that date. As of 1 June 2020, this ban on fees has extended to include most existing tenancies as well.

The tenant fees ban is wide ranging and bars most fees from being charged. Landlords and agents will only be able to charge for payments defined as permitted in the legislation.

On 1 May 2026, the Renters' Rights Act will make further changes to the tenant fee ban which landlords need to be aware of, including changes on when you can legally collect rent. 

This guide will act as a primer to help you understand what fees you may be able to charge, as well as how to ensure you do not accidentally fall foul of the legislation. In it, we offer practical tips on how to deal with the legislation, as well as a number of document templates to help comply with the fee ban.

What types of tenancy does the legislation apply to?

In England, assured shorthold tenancies, student accommodation, and licences (including lodger agreements) are caught by this. Company lets and non-assured tenancies are exempt.

From 1 May 2026, when the Renters' Rights Act comes into force, assured shorthold tenancies will be abolished and replaced by assured periodic tenancies (APTs). The legislation will apply to these assured periodic tenancies as well.

What fees are prohibited?

The short answer is most fees are banned. The Tenant Fees Act 2019 (TFA) starts by prohibiting charging fees on virtually everything. It then creates a number of permitted fees which can be charged.

In England, the legislation bans anything that the tenant (or someone acting on their behalf like a guarantor or parent) is required to pay as a condition of the grant, renewal, continuance, variation, assignment, novation or termination' of an assured shorthold tenancy or licence agreement.

This is a very broad definition which means almost all fees are banned by default under the TFA. This definition also includes payments to most third parties, either for services throughout the tenancy or for specific performance of a job and loans from third parties.

Examples of banned fees then would be:

• Charging for a guarantor form
• Credit checks
• Inventories
• Cleaning services
• Referencing
• Professional cleaning at the end of the tenancy (England only)
• Having the property de-flead as a condition of allowing pets in the property
• Admin charges
• Requirements to pay for an insurance provider
• Gardening services

Renters' Rights Act changes to the fee ban

From 1 May 2026, when the Renters' Rights Act comes into force, rent taken before an assured tenancy agreement is signed will also be strictly prohibited. If the tenant pays this, even without you asking for it, it must be returned. 

After the tenancy is signed, landlords are permitted to ask for up to one month's rent before the tenant moves in and then up to a month at a time for subsequent rental payments. If the tenant volunteers to pay more, or to pay earlier after the tenancy is signed then you don't have to return this amount. For further information on this, see our page explaining the full changes to taking rent under the Renters' Rights Act.