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What you can be charged when you rent: holding deposits, rent in advance and fees

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Quick answer: In England you can be asked for a holding deposit of up to 1 week's rent, a deposit of up to 5 weeks' rent (6 weeks if annual rent is £50,000 or more) and, after signing, up to 1 month's rent in advance. Since 1 May 2026 no rent can be taken before signing, and most other fees are banned.

Before you get the keys, a landlord or letting agent in England may ask for a holding deposit, a tenancy deposit and some rent. The Tenant Fees Act 2019 caps both deposits and bans most other charges, and since 1 May 2026 the Renters' Rights Act 2025 has also limited rent in advance. This guide explains each payment, works out the maximums for a £1,250-a-month let and says what to do if you've been overcharged.

Before you start: Skip this if you rent in Scotland, Wales or Northern Ireland, where different caps apply: see renting in Scotland, Wales and Northern Ireland. It also doesn't cover social housing tenancies from a council or housing association, or lets with rent over £100,000 a year.

Which payments can a landlord or letting agent ask for?

Only the payments the Tenant Fees Act 2019 permits; anything else is a 'prohibited payment'. The Act covers assured periodic tenancies (the standard private tenancy since 1 May 2026), student accommodation and some licences to occupy, in England only. The table lists every permitted payment and its limit.

A landlord can't make you buy insurance, take out a loan or sign up for a service as a condition of renting, such as a paid guarantor service, a deposit replacement product or an inventory service. You can choose one of these if you want to. Letting agents must publish their fees on their website and, when they advertise on a property portal or social media, show the fees or link to them.

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Payments allowed under the Tenant Fees Act 2019 in England (as amended from 1 May 2026)
PaymentLimitWhen it can be charged
Holding deposit1 week's rent, refundableBefore signing, to reserve the home while checks are done
Tenancy deposit5 weeks' rent, or 6 weeks' if annual rent is £50,000 or moreMust be protected in an approved scheme within 30 days
RentNothing before signing; then up to 1 month (28 days' rent if weekly) before the start dateAfter that, only on the due dates in your agreement
Changing the tenancy at your request£50, or more if the landlord shows higher reasonable costsOnly when you ask for a change, such as adding a sharer
Leaving without the notice requiredNo more than the landlord's lossOnly if you ask to end the tenancy early
Late rentInterest of up to 3% a year above Bank of England base rateOnly once rent is overdue by at least 2 weeks, and only if the agreement says so
Lost key or security deviceReasonable cost, backed by written evidenceOnly if the agreement says so
Utilities, broadband, TV licence and council taxActual costs; no profit on resold energy or waterIf the agreement requires it. Council tax and a TV licence can't be a separate payment to the landlord

How much can a holding deposit be, and when do you get it back?

A holding deposit can be up to 1 week's rent, and a landlord or agent can take only one per tenancy at a time. The cap is per tenancy, not per person, so three friends sharing pay 1 week's rent between them.

Once it's paid, you and the landlord have until the 15th day to agree the tenancy (the 'deadline for agreement'), unless you both agree a different date in writing. If you sign, the money must be repaid within 7 days or, with your agreement, put towards your first rent or the deposit. If the landlord decides not to let to you, or the deadline passes, it must normally be repaid within 7 days.

The landlord can keep it only if you give false or misleading information that matters to their decision, you pull out, you don't take reasonable steps to agree the tenancy (for example by ignoring requests for documents), or you fail a Right to Rent check they couldn't have known about. They must tell you why in writing within 7 days. If you disagree, you can report it to your council or apply to the First-tier Tribunal.

How is the maximum tenancy deposit worked out?

The cap is based on one week's rent, which the Act defines as the annual rent divided by 52. The deposit can be up to 5 times that if the annual rent is under £50,000, or 6 times if it's £50,000 or more. For monthly rent, the higher cap starts at £4,166.67 a month, because £4,166.67 × 12 is just over £50,000. Like the holding deposit, the cap applies to the whole tenancy, not to each tenant.

The deposit must be money: nobody can require a car, a watch or other property as a deposit for an assured tenancy. Your landlord must protect it in the Deposit Protection Service, mydeposits or the Tenancy Deposit Scheme within 30 days and send you the prescribed information. If your holding deposit is moved across, it counts as received on the date of the tenancy agreement. Our guide to tenant deposit protection explains what to do if it isn't protected.

What did the Renters' Rights Act change about rent in advance?

Since 1 May 2026, a landlord or agent can't ask for, encourage or accept any rent before both of you have signed the tenancy agreement, even if you offer it. The rules come from sections 8 and 9 of the Renters' Rights Act 2025, brought into force on 1 May 2026 by the Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026. They don't affect tenancy agreements signed, or rent paid, before that date.

Between signing and the start date (the 'pre-tenancy period'), you can be asked for up to your first month's rent if you pay monthly, or up to the first 28 days' rent if you pay weekly. Once the tenancy starts, rent is due only on the dates in your agreement, and any clause requiring earlier payment has no effect. You can still choose to pay early. The rules don't apply to social or supported housing, or to a tenancy arranged by a council under its homelessness duty.

Government guidance to councils gives an example of a breach: a tenant offers 6 months' rent upfront to secure a home, and the landlord accepts before the agreement is signed. If you're asked for rent in advance illegally, complain to the council where the property is. It can fine the landlord or agent up to £5,000 and require them to repay you.

Worked example: the most you can be asked for on a £1,250-a-month let

£2,692.30 by moving day, plus a holding deposit of up to £288.46 that's either put towards that total or repaid. Say you agree to rent a flat for £1,250 a month. The annual rent is £1,250 × 12 = £15,000, which is under £50,000, so the 5-week cap applies. One week's rent is £15,000 ÷ 52 = £288.4615…, so the holding deposit can be up to £288.46. The deposit cap is 5 × £288.4615… = £1,442.3077…, which is £1,442.30 once rounded down (rounding up to £1,442.31 would go a fraction of a penny over the cap).

After you sign, you can be asked for up to £1,250 of rent before you move in. The most you can be asked to have paid by moving day is £1,442.30 + £1,250 = £2,692.30. The holding deposit isn't extra: it's either put towards these with your agreement or repaid within 7 days of signing.

At £4,500 a month, the annual rent is £54,000, so the 6-week cap applies: £54,000 ÷ 52 = £1,038.4615… a week, giving a holding deposit of up to £1,038.46 and a deposit of up to 6 × £1,038.4615… = £6,230.76. At £300 a week, the annual rent is £300 × 52 = £15,600, so one week's rent is simply £300, the deposit cap is £1,500 and the most rent you can be asked for before the start date is 28 days, or £1,200.

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Maximum payments before moving in, England (Tenant Fees Act caps and rent-in-advance rules at 25 September 2026)
RentAnnual rentOne week's rentHolding depositTenancy depositRent before the start date
£1,250 a month£15,000£288.46£288.46£1,442.30 (5 weeks)£1,250
£4,500 a month£54,000£1,038.46£1,038.46£6,230.76 (6 weeks)£4,500
£300 a week£15,600£300.00£300.00£1,500.00 (5 weeks)£1,200 (28 days)

What other rules protect you when you apply?

Three more rules have applied since 1 May 2026. Written adverts, including online listings, social media posts and messages, must state a specific rent rather than a range, and a landlord or agent can't ask for, encourage or accept offers above it. Councils can fine them up to £7,000 for rental bidding. Landlords and agents also can't refuse to rent to you, or stop you viewing, because you have children or get benefits.

Rent should be spread evenly across the tenancy. If a rental period in the first year costs more than a later one, the extra is a banned payment unless the difference comes from a rent change the agreement allows or one you agree after signing. Budget for costs that aren't charged by the landlord, too, such as removals and energy bills; our student budget guide and guide to building an emergency fund can help.

What can you do if you've been overcharged?

Don't pay a charge that isn't allowed, and keep any written requests for it. If you've already paid, ask for the money back in writing and keep a record of the reply. You can then report the landlord or agent to your local council, which can fine them up to £5,000 for a first breach and up to £30,000, or prosecute, for another within 5 years. You can also apply to the First-tier Tribunal (Property Chamber) to order repayment of a prohibited payment.

If a letting agent overcharged you, complain to its redress scheme, The Property Ombudsman or Property Redress. Shelter and Citizens Advice give free advice. Our Renters' Rights Act guide covers your wider rights once you've moved in.

Common questions

Can a landlord ask for 6 months' rent upfront if I don't have a guarantor?

Not for a new private tenancy in England since 1 May 2026. No rent can be taken before you both sign, even if you offer it, and between signing and the start date the limit is 1 month's rent, or 28 days' rent if you pay weekly. A landlord can ask for a guarantor, but can't require you to pay for a guarantor service.

Do I get my holding deposit back?

Usually, yes. It must be repaid within 7 days of signing unless you agree to put it towards your rent or deposit, or within 7 days if the landlord decides not to go ahead or the deadline passes. The landlord can keep it only if you gave false information, pulled out, didn't take reasonable steps to agree the tenancy or failed a Right to Rent check, and must explain why in writing within 7 days.

Is the deposit cap per tenant in a shared house?

No. Both caps are worked out on the rent for the whole tenancy. If a house is let to three people on one agreement at £1,800 a month, one week's rent is £1,800 × 12 ÷ 52 = £415.38, so the holding deposit is capped at £415.38 in total and the deposit at £2,076.92 in total, however you split it.

Can a letting agent charge me for referencing or a credit check?

No. Referencing, credit checks, inventories and administration fees aren't on the Tenant Fees Act's list of permitted payments, so a landlord or agent in England can't charge you for them. If you've paid one, ask for it back and report the charge to your council if it isn't refunded.

Can my landlord charge me for leaving early?

Only if you ask to leave without giving the notice your tenancy requires. The charge can't be more than the landlord's loss. GOV.UK says it can't exceed the rent due until the end of the minimum notice period, which is 2 months unless your agreement allows less.

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