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England tenant-fee guidance: permitted payments and deposits

Tenant fee guidance updated: what landlords should check now

News from 8 July 2026

Read the current guide to tenancy rules in England.

GOV.UK has updated its landlord guidance on tenancy fees in England. It explains permitted charges, deposits and how rent-in-advance rules fit with the tenancy reforms introduced on 1 May 2026.

What the guidance covers

The updated GOV.UK page says the Tenant Fees Act applies in England to assured periodic tenancies, student accommodation and licences to occupy housing, such as lodger arrangements. It also says the rules can apply to housing associations and local authorities when they are letting a property privately.

The guidance lists the payments landlords or agents can ask for in connection with a tenancy. These include rent after the tenancy agreement has been signed, a refundable tenancy deposit, a refundable holding deposit, certain tenant-requested changes to the tenancy, payments where the tenant leaves without giving the correct notice, utility and communication costs, late rent fees and replacement key or security device charges.

That list matters because the guidance is clear that payments outside it are not allowed. In practice, landlords should be careful with wording around administration fees, referencing charges, viewing fees, inventory fees, check-out fees and other charges that may still appear in outdated paperwork or agency templates.

Rent in advance needs particular care

One of the most useful parts of the updated page is the rent section. GOV.UK says rent should be fair and in line with similar local properties, and should be required at regular intervals and split equally across the tenancy.

It also says that, from 1 May 2026, landlords cannot ask a tenant to pay rent before the tenancy agreement is signed. If a tenant offers rent before the agreement is signed, the guidance says the landlord must not accept it.

After the agreement has been signed, the guidance says a landlord can ask for a maximum of one month’s rent in advance before the tenancy start date. Landlords who have historically requested larger upfront rent payments should review that process carefully and take advice where needed, because the permitted approach may now be narrower than older habits or templates suggest.

The rent point also links back to wider Renters’ Rights preparation. Here4 Landlords has previously covered the new tenancy information sheet and prescribed forms, and this fee guidance is another reminder that pre-tenancy paperwork should be checked as a whole rather than one document at a time.

Deposits and holding deposits

The GOV.UK page confirms that tenancy deposits remain capped at up to five weeks’ rent where annual rent is below GBP50,000, and up to six weeks’ rent where annual rent is between GBP50,000 and GBP100,000. If a deposit is taken, it must be protected in a government-approved scheme.

For holding deposits, the maximum remains one week’s rent. The guidance says landlords cannot accept more than one holding deposit per tenancy at a time. It also explains that the standard holding period is 15 calendar days after receiving the holding deposit, unless a different period is agreed in writing.

Landlords should pay close attention to refund rules. The guidance says holding deposits must usually be returned unless the tenant fails a Right to Rent check, withdraws, does not respond or gives false or misleading information that affects their suitability. It also says landlords must give the reason in writing within seven days if they decide to keep a holding deposit.

Sources