# Can I charge a tenant for this? Five questions on the Tenant Fees Act, with the limit > Five questions on what the money is for, whether the agreement provides for it and when it is paid, leading to the rule, the cap and what to do. - Page to cite: https://aeolookup.com/letting-agents/can-i-charge-a-tenant-for-this-tenant-fees-act-questions/ - Publisher: AEO Lookup (https://aeolookup.com/) - Section: Letting agents, Deposits, rent and fees - Published 2 October 2026 - Key fact: We wrote this questionnaire of 5 questions and 8 outcomes from the rules set out in 5 of our guides and the sources each outcome names. The five questions make 11 routes that end in eight outcomes. Four of the 11 routes, late rent and lost keys, turn on one answer: whether the signed tenancy agreement provides for the fee. Without that term, neither charge is a permitted payment. - Sources: Tenant Fees Act 2019 sections 1 and 2 and Schedule 1 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraphs 4 and 5 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraph 4 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); Bank of England, Bank Rate (held at 3.75% in September 2026); read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraph 4(2)(a) and (3) (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraph 6 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraph 7 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); GOV.UK, Assured periodic tenancies: a guide for landlords, If your tenant wants to leave; read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraph 1(1A), inserted by the Renters' Rights Act 2025 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy and Assured periodic tenancies: rent in advance and deposits; read 2 October 2026; Tenant Fees Act 2019 Schedule 1, paragraphs 2 and 3, and Schedule 2 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026) and Assured periodic tenancies: rent in advance and deposits; read 2 October 2026; each outcome names its source, and the linked guide shows the working. A landlord wants to pass on a cost, a tenant has lost a key, or an applicant offers to pay rent before signing, and you need to know whether the money can be taken. The Tenant Fees Act 2019 lists the payments a tenant can be asked for in England; anything else is a prohibited payment. This questionnaire asks what the money is for, whether the agreement provides for it and when it would be paid, then gives the rule, the limit and what to do. It follows the Act's Schedule 1 on legislation.gov.uk and GOV.UK's fees guidance, both read on 2 October 2026. **Free tool on the page:** Can I charge the tenant for this?. It runs in the browser at https://aeolookup.com/letting-agents/can-i-charge-a-tenant-for-this-tenant-fees-act-questions/#tool and asks for no sign-up. ## The questions, and why each is asked **1. What do you want the tenant to pay for?** Schedule 1 of the Tenant Fees Act 2019 lists the permitted payments. GOV.UK says: "You cannot charge your tenant any payment that is not on this list.". **2. Which payment before the tenancy starts?** Each has its own cap: one week's rent for a holding deposit, five or six weeks' rent for a tenancy deposit, and a limit on rent in advance added by the Renters' Rights Act 2025. This question appears only when an earlier answer makes it relevant. **3. Has the tenancy agreement been signed by both sides?** Since 1 May 2026 rent payable before an assured tenancy is entered into is a prohibited payment under Schedule 1, paragraph 1(1A), even if the tenant offers it. This question appears only when an earlier answer makes it relevant. **4. Is it a change to the tenancy, or the tenant leaving without giving the notice required?** Schedule 1 treats them differently: a change at the tenant's request is capped at £50 or reasonable costs, and an early end at the landlord's loss or the agent's reasonable costs. This question appears only when an earlier answer makes it relevant. **5. Does the signed tenancy agreement say the tenant must pay this fee?** A payment for late rent or a lost key is permitted under Schedule 1, paragraph 4, only if the tenancy agreement requires it. GOV.UK says to tell the tenant before they sign. This question appears only when an earlier answer makes it relevant. ## Every outcome, and the rule behind it ### No: a fee that is not on the list is a prohibited payment Reached when: "What do you want the tenant to pay for?" answered "Something else: referencing, inventory, check-out, renewal, admin". Referencing, inventory, check-in, check-out, renewal and administration fees are not on the Tenant Fees Act 2019's list of permitted payments, so none can be required from a tenant in England. GOV.UK's fees guidance, read on 2 October 2026, says the council can impose a penalty of up to £5,000 for a first breach, and up to £30,000 or prosecution for a second within five years. Requiring the tenant to buy insurance, a guarantor service or an inventory service is also prohibited. - Take the fee out of your schedule, your tenancy agreement and the fees list on your website. - If a tenant has already paid it, repay it when asked and record the date. - Charge the landlord for the work instead, under your terms of business. Source: Tenant Fees Act 2019 sections 1 and 2 and Schedule 1 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026. The working is in [What happens if a letting agent charges a prohibited fee? Repayment, the £5,000 penalty and the five-year rule](https://aeolookup.com/letting-agents/what-happens-if-letting-agent-charges-prohibited-fee-penalty/). ### Not as a fee: a default charge needs a term in the agreement Reached when: "Does the signed tenancy agreement say the tenant must pay this fee?" answered "No, or I am not sure". Schedule 1, paragraph 4 of the Tenant Fees Act 2019 permits a payment for late rent or a lost key only if the tenancy agreement requires it. Without that term, a fee for either is a prohibited payment, and GOV.UK's guidance, read on 2 October 2026, adds that the tenant should be told about default fees before signing. Paragraph 5 still permits damages for a breach of the agreement, but that is a claim to prove, not a fee to add to the rent account. - Read the signed agreement for a default fee clause before you ask for anything. - Add a late rent and lost key term to your template for new tenancies, and show it before signing. - For an existing tenancy without the term, take advice before treating any loss as damages. Source: Tenant Fees Act 2019 Schedule 1, paragraphs 4 and 5 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026. The working is in [Can a letting agent charge a late fee when rent is late? The 14-day rule and the daily interest, worked out](https://aeolookup.com/letting-agents/late-rent-fee-interest-14-days-3-percent-above-base-rate/). ### Yes, after 14 days, as interest at 3% above Bank Rate Reached when: "What do you want the tenant to pay for?" answered "Rent that has been paid late". Under Schedule 1, paragraph 4 of the Tenant Fees Act 2019, a late rent charge is permitted only once the rent has gone unpaid for 14 days from the due date, and only as interest at 3% above the Bank of England base rate on the amount unpaid. With Bank Rate at 3.75% on 2 October 2026, that is 6.75% a year: about 23p a day on £1,250. Anything above it, such as a flat £25 fee, is a prohibited payment. - Count 14 days from the due date before any charge starts. - Work out the interest day by day on the amount still unpaid, and recalculate when a payment comes in. - Make sure only one of landlord or agent charges for the same late payment. Source: Tenant Fees Act 2019 Schedule 1, paragraph 4 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); Bank of England, Bank Rate (held at 3.75% in September 2026); read 2 October 2026. The working is in [Can a letting agent charge a late fee when rent is late? The 14-day rule and the daily interest, worked out](https://aeolookup.com/letting-agents/late-rent-fee-interest-14-days-3-percent-above-base-rate/). ### Yes, the reasonable cost of replacing it, with written evidence Reached when: "What do you want the tenant to pay for?" answered "Replacing a lost key, fob or other security device". Schedule 1, paragraph 4 of the Tenant Fees Act 2019 permits a charge for a lost key or other security device where the tenancy agreement requires it, but only up to the costs reasonably incurred and supported by evidence in writing given to the tenant. GOV.UK's guidance, read on 2 October 2026, says you must provide that evidence. A flat lost-key fee that is higher than the locksmith's or the fob supplier's invoice is a prohibited payment to the extent of the excess. - Get the invoice for the replacement key, fob or lock change before you charge. - Send the tenant a copy of the invoice with the request for payment. - Charge the invoiced cost, not a flat fee, and add nothing for your own time unless it is evidenced. Source: Tenant Fees Act 2019 Schedule 1, paragraph 4(2)(a) and (3) (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026. The working is in [What happens if a letting agent charges a prohibited fee? Repayment, the £5,000 penalty and the five-year rule](https://aeolookup.com/letting-agents/what-happens-if-letting-agent-charges-prohibited-fee-penalty/). ### Yes, up to £50, or more only with evidence that it is reasonable Reached when: "Is it a change to the tenancy, or the tenant leaving without giving the notice required?" answered "A change the tenant asked for, such as adding or removing a sharer". Schedule 1, paragraph 6 of the Tenant Fees Act 2019 permits a payment for a variation, assignment or novation of the tenancy that the tenant asked for, up to the greater of £50 or the reasonable costs of the work. GOV.UK's guidance, read on 2 October 2026, gives adding or removing a person as the example and says you should give evidence that anything above £50 is reasonable. A change the landlord wants, or a renewal, is not covered. - Confirm in writing that the tenant asked for the change. - Charge £50 or less, or list the actual costs if they are higher and send that evidence. - Remember GOV.UK says you do not have to charge for a change at all. Source: Tenant Fees Act 2019 Schedule 1, paragraph 6 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); read 2 October 2026. The working is in [What happens if a letting agent charges a prohibited fee? Repayment, the £5,000 penalty and the five-year rule](https://aeolookup.com/letting-agents/what-happens-if-letting-agent-charges-prohibited-fee-penalty/). ### Only the rent lost: an early exit fee is capped at the landlord's loss Reached when: "Is it a change to the tenancy, or the tenant leaving without giving the notice required?" answered "The tenant wants to leave without giving the notice required". Schedule 1, paragraph 7 of the Tenant Fees Act 2019 permits a payment when a tenant ends a periodic tenancy without the notice required, capped at the landlord's loss, and for the agent at its reasonable costs. GOV.UK, read on 2 October 2026, says it cannot be more than the rent you would have received with the right notice. The most notice you can ask a tenant for is two months, and the agreement can set less. If the home is relet sooner, the loss is smaller. - Check the notice period the agreement sets, and work out the rent the full notice would have brought in. - Agree the early end in writing, and take off any rent from a new tenant for the same days. - Do not add a flat surrender or release fee on top of the loss. Source: Tenant Fees Act 2019 Schedule 1, paragraph 7 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026); GOV.UK, Assured periodic tenancies: a guide for landlords, If your tenant wants to leave; read 2 October 2026. The working is in [How long is a tenant's notice period in 2026? Two months at most, with the end date worked out](https://aeolookup.com/letting-agents/tenant-notice-period-two-months-end-date-letting-agents/). ### No: rent cannot be taken before the agreement is signed Reached when: "Has the tenancy agreement been signed by both sides?" answered "No, it is not signed yet". Since 1 May 2026, Schedule 1, paragraph 1(1A) of the Tenant Fees Act 2019 makes rent payable before an assured tenancy is entered into a prohibited payment. GOV.UK, read on 2 October 2026, says that if a tenant offers rent before signing you must not accept it, and that a council can still act if the tenant offered and you accepted. Before signing you may take a holding deposit of up to one week's rent and a tenancy deposit. - Refuse or return any rent offered before the agreement is signed. - Take a holding deposit instead, capped at one week's rent, if you need to reserve the property. - Ask for up to one month's rent in advance only once both sides have signed. Source: Tenant Fees Act 2019 Schedule 1, paragraph 1(1A), inserted by the Renters' Rights Act 2025 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy and Assured periodic tenancies: rent in advance and deposits; read 2 October 2026. The working is in [Holding deposit rules for letting agents](https://aeolookup.com/letting-agents/holding-deposit-rules-15-day-deadline-refund/). ### Yes, up to the cap: one week, five or six weeks, or one month Reached when: any other set of answers. Under the Tenant Fees Act 2019, a week's rent is the annual rent divided by 52. A holding deposit is capped at one week's rent and must be repaid within 7 days unless an exception applies; the deadline for agreement is day 15. A tenancy deposit is capped at 5 weeks' rent below £50,000 a year and 6 weeks from £50,000 to £100,000. Once the agreement is signed, rent in advance is usually limited to one month, or 28 days if rent is not monthly. All read on 2 October 2026. - Work out a week's rent as monthly rent times 12, divided by 52, and round down. - Diarise day 15 for a holding deposit and the 30-day protection deadline for a tenancy deposit. - Ask for rent in advance only after signing and before the start date. Source: Tenant Fees Act 2019 Schedule 1, paragraphs 2 and 3, and Schedule 2 (legislation.gov.uk); GOV.UK, Fees you can charge as part of a tenancy (updated 7 July 2026) and Assured periodic tenancies: rent in advance and deposits; read 2 October 2026. The working is in [Tenancy deposit cap calculator](https://aeolookup.com/letting-agents/tenancy-deposit-cap-calculator/). ## How to use the result Check the result against your fee schedule, your tenancy agreement and the fees list on your website, because GOV.UK says letting agents must publish their fees. Where the answer depends on a figure, work it out before you ask for the money and keep the sum on file. Where it depends on a receipt, send the receipt with the request. If a tenant asks for a fee back and the result says it was not permitted, repay it and record the date: that is the cheapest point to put it right. The outcome applies the rule to the answers given; it cannot see the facts behind them. Where an answer is a judgement, or the facts are unusual, the outcome may not fit. This page is general information, not legal advice. Overlyft ![](https://aeolookup.com/img/d/ours-badge.png) sets up AI assistants for letting agents: they prepare drafts for a person to approve. None of these outcomes depends on them. --- ![](https://aeolookup.com/img/d/owner-line.png) General information for UK small firms, not legal, tax or financial advice.