What a landlord can ask for up front
Three payments, each capped by law. The Tenant Fees Act 2019 caps deposits and bans most fees; the Renters’ Rights Act 2025 limited rent in advance for tenancies entered into from 1 May 2026.
- Holding deposit: up to one week’s rent (Schedule 1, paragraph 3).
- Tenancy deposit: up to five weeks’ rent, or six if the rent is £50,000 a year or more, pet deposit included (paragraph 2).
- Rent in advance: none before you sign, then only the first rent period — a month, or up to 28 days’ rent if you pay weekly or four-weekly (Housing Act 1988, s.4B).
- Anything else: banned, apart from a short list such as a fee to change the tenancy at your request. Charged one? Your council can fine the landlord, and the First-tier Tribunal can order it repaid (s.15).
A worked example: £1,350 a month
One week’s rent is the annual rent divided by 52: £1,350 × 12 ÷ 52 = £311.538…, and at £16,200 a year the rent is under £50,000, so the deposit cap is five weeks.
| Holding deposit (1 week) | £311.53 |
|---|---|
| Tenancy deposit (5 weeks) | £1,557.69 |
| First month’s rent | £1,350.00 |
| Cash for signing day, holding deposit credited | £2,596.16 |
If the holding deposit is refunded instead of credited, you pay £2,907.69 on the day and get £311.53 back within 7 days. Every cap is rounded down to the penny, so it never goes over the limit: £311.538… becomes £311.53.
Holding deposits: two rules that catch landlords out
If a landlord or agent asked you for a banned fee, or made going ahead unreasonable, they can’t keep your holding deposit because you pulled out or didn’t do your part (Schedule 2, paragraph 13). And while they hold yours, they can’t take a second one for the same home unless they’re entitled to keep yours (Schedule 1, paragraph 3).
Deposit protection and “no deposit” schemes
Your landlord must protect your deposit in a government-backed scheme and give you its details within 30 days (Housing Act 2004, s.213), or a court must award you one to three times the deposit (s.214). Check with the Deposit Protection Service, mydeposits or the Tenancy Deposit Scheme.
Some landlords offer a deposit replacement: you usually pay a fee you don’t get back, and still owe for damage or unpaid rent. A landlord can offer one but can’t make you take it (Tenant Fees Act 2019, s.1). Dwellio doesn’t recommend or earn from any of them.
Questions renters ask
Is a holding deposit refundable?
Yes, in most cases. It can be at most one week’s rent. If the tenancy goes ahead it is refunded within 7 days or, if you agree, put towards your first rent or deposit. If not, it must be refunded within 7 days of the landlord pulling out or of the deadline: the 15th day, counting the day they got it, unless you agreed another date in writing. They can keep it only if you gave misleading information they could rely on, failed a Right to Rent check they couldn’t foresee, pulled out, or didn’t do your part, and they must say why in writing within 7 days. The last two don’t count if they asked for a banned fee or made going ahead unreasonable.
How much deposit can a landlord ask for?
Up to five weeks’ rent if the annual rent is under £50,000, or six weeks’ rent if it is £50,000 or more. One week’s rent is the annual rent divided by 52, so on £1,350 a month the most is £1,557.69. A pet deposit counts towards the same cap, and the landlord must protect the deposit in a government-approved scheme within 30 days.
Can a landlord ask for 6 months’ rent upfront?
No, not for a tenancy entered into from 1 May 2026. A landlord can’t ask for or accept any rent before you sign, and after signing can only ask for the first rent period in advance: one month if you pay monthly, or up to 28 days’ rent if you pay weekly or every four weeks.
When do I get my deposit back?
Within 10 days of you and your landlord agreeing how much you’ll get back. The clock starts when you agree the amount, not when you move out, and money in dispute stays in the deposit scheme until the dispute is settled.
What fees are banned?
Everything the Tenant Fees Act 2019 doesn’t allow. A landlord or agent can charge rent, refundable deposits, £50 (or higher reasonable costs) to change the tenancy at your request, the cost of leaving early at your request, bills such as energy and broadband if your tenancy says you pay them, and, if the tenancy allows it, interest on rent 14 days late and the cost of lost keys. Admin, referencing, inventory, check-in and guarantor fees are banned, and so is making you buy insurance, pet insurance included.
Sources
Rules last checked 18 October 2026. Where GOV.UK and the law differ, we follow the law: GOV.UK says up to a month’s rent in advance; the Act allows the first rent period — four weeks’ rent if you pay weekly.
- GOV.UK — Tenant Fees Act 2019: guidance for tenants — Deposits and prohibited payments (updated 7 July 2026)
- GOV.UK — Tenancy deposit protection — Protection, getting it back, holding deposits
- GOV.UK — Renters’ Rights Act overview for tenants — Rent in advance (updated 1 May 2026)
- Tenant Fees Act 2019, Schedule 1 — Paras. 1(1A), 2–3: no rent before signing, the deposit caps; paras. 4–11: other permitted payments
- Tenant Fees Act 2019, Schedule 2 — Paras. 2–7: the deadline, refund and written reasons; paras. 8–13: when it can be kept
- Tenant Fees Act 2019, section 1 — No prohibited payments, and no making you buy a service or insurance from someone else
- Tenant Fees Act 2019, section 15 — Getting a payment back through the First-tier Tribunal
- Housing Act 1988, section 4B — Added in 2025: only the first rent period, or periods ending within 28 days, in advance
- Housing Act 1988, Schedule 1 — Para. 2: not an assured tenancy above £100,000 a year
- Housing Act 2004, section 213 — Protect the deposit and give its details within 30 days
- Housing Act 2004, section 214 — One to three times the deposit if it isn’t protected
Typical rents: median asking rents for whole homes on five sites (Rightmove, OnTheMarket, OpenRent, PrimeLocation, Leaders), from at least 10 listings of that size; a home on two sites counts twice. See our methodology and the UK rental index.
General information about the law in England, not legal advice. Check your own tenancy agreement, and get advice from Shelter or Citizens Advice if you're unsure.