Prohibited payment (Tenant Fees Act)
Any payment a landlord or agent in England asks a tenant for that the Tenant Fees Act 2019 does not allow, such as admin, referencing or inventory fees.
In short: A prohibited payment is any charge to a tenant, or to someone for them, that is not on the Tenant Fees Act 2019 list of permitted payments. Admin, referencing, inventory, check-out and renewal fees are all banned. A tenant can get a prohibited payment back, and councils can fine the landlord or agent.
England. Checked against the law on 5 October 2026. Information, not legal advice.
Permitted payments (Schedule 1) are: the rent, a capped tenancy deposit, a capped holding deposit, a charge for a change the tenant asked for (capped at £50 or reasonable cost), early termination costs the tenant asked for, utilities, council tax, TV licence and communications if the tenancy says so, interest on rent more than 14 days late, and the reasonable cost of a lost key.
Everything else is prohibited, including:
- admin, set-up, referencing or credit check fees;
- inventory, check-in or check-out charges;
- pet fees or required pet insurance;
- requiring the tenant to buy a service, such as cleaning or insurance, from a named firm.
A term requiring a prohibited payment is not binding. Councils enforce the Act, and the First-tier Tribunal can order repayment.
Read more: Fees a landlord or agent cannot charge you, and rent in advance
Related: Holding deposit, Deposit cap
Where this comes from
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