Renters' Rights Act & Tenant Fees Act 2025/2026
UK Renting & Tenancy Rights Master Guide
Complete, authoritative guide to renting property in the UK — Right to Rent checks, 5-week deposit caps, forbidden fees ban, landlord safety duties, Council Tax discounts, and deposit recovery.
⚡ Statutory UK Tenant Rights (2025/2026):
• Section 21 Abolished: Landlords can no longer evict tenants without a statutory legal ground under the Renters' Rights Act 2025.
• Security Deposit Cap: Legally capped at 5 weeks' rent (where annual rent is under £50,000).
• Holding Deposit Cap: Legally capped at 1 week's rent to hold property while referencing is conducted.
• Forbidden Fees Banned: Agency fees, referencing fees, and inventory check fees are 100% ILLEGAL under the Tenant Fees Act 2019.
1. Tenant Fees Act 2019: Permitted vs Illegal Fees
Landlords and letting agents are strictly prohibited from charging non-permitted fees. First breaches carry a civil penalty of up to £5,000, and repeat breaches carry fines up to £30,000.
| Payment Status | Fee Type | Legal Statutory Limit |
|---|---|---|
| PERMITTED | Contractual Rent | As agreed in tenancy contract (paid monthly/quarterly). |
| PERMITTED | Tenancy Security Deposit | Max 5 weeks' rent (annual rent < £50k) or 6 weeks (annual rent ≥ £50k). |
| PERMITTED | Holding Deposit | Max 1 week's rent (refundable or credited toward rent). |
| PERMITTED | Tenancy Variation / Key Replacement | Capped at £50 for contract changes / actual replacement cost for lost key. |
| ILLEGAL / FORBIDDEN | Referencing & Credit Check Fees | ILLEGAL (£0) Landlord must pay. |
| ILLEGAL / FORBIDDEN | Inventory Check-in / Check-out Fees | ILLEGAL (£0) Landlord must pay. |
| ILLEGAL / FORBIDDEN | Tenancy Renewal & Checkout Fees | ILLEGAL (£0) Landlord must pay. |
2. Renters' Rights Act 2025 New Tenant Protections
- Abolition of Section 21 Evictions: All tenancies become periodic. Landlords can only seek possession using specific statutory grounds (e.g. landlord selling property or moving family in).
- Ban on Rental Bidding Wars: Landlords and agents must publish a clear asking rent and are legally prohibited from encouraging or accepting offers higher than the advertised price.
- Rent Increase Cap: Rent can only be increased ONCE per year using an official Section 13 (Form 4) notice with at least 2 months' written notice. Tenants can challenge unfair increases at the First-tier Tribunal free of charge.
- Right to Request Pets: Tenants have a legal right to request a pet. Landlords cannot unreasonably refuse and can require pet damage insurance.
3. Tenancy Deposit Protection & Dispute Recovery
By law, your security deposit must be placed into a government-approved scheme — Deposit Protection Service (DPS), Tenancy Deposit Scheme (TDS), or MyDeposits — within 30 days.
- Verify Prescribed Information: Your landlord must supply a deposit protection certificate, scheme terms, and landlord contact details within 30 days.
- Penalty for Failure to Protect: If your landlord fails to protect your deposit in a TDP scheme, you can apply to the County Court for compensation of 1 to 3 times the deposit amount!
- Check-out Inventory & Dispute Evidence: At checkout, compare the photographic Check-out Inventory with the Check-in Report. Normal "fair wear and tear" (e.g. minor wall scuffs over time) CANNOT be deducted from your deposit.
- Free ADR Resolution: If you disagree with landlord deductions, submit a dispute to the TDP scheme's free Alternative Dispute Resolution (ADR) service.
4. Landlord Safety Duties & Council Tax Rules
Mandatory Safety Certificates
- • Gas Safety Certificate (CP12): Mandatory annual gas check by a Gas Safe registered engineer.
- • EICR Electrical Report: Mandatory electrical inspection every 5 years.
- • EPC Rating: Energy Performance Certificate must be Minimum Rating C.
- • Smoke & CO Alarms: Working smoke alarm on every story + carbon monoxide alarm in rooms with gas/solid fuel appliances.
Council Tax & Exemptions
- • Council Tax Bands (A to H): Set by local council based on property value.
- • Single Person Discount (25%): If you live alone as the sole adult, you receive a 25% discount on your bill.
- • Student Exemption (100%): Properties occupied solely by full-time students are 100% exempt from Council Tax.
5. Frequently Asked Expat Renting Questions
If you lack a UK credit history or UK-based guarantor, letting agents may ask for 6 to 12 months of rent paid upfront. Alternatively, you can use specialized UK guarantor services (e.g. Housing Hand, Rent Guarantor) who act as your UK guarantor for a small annual fee.
Foreign nationals generate a 9-character **Right to Rent Share Code** on the official GOV.UK portal. The landlord or letting agent enters your share code and date of birth into the Home Office online portal to verify your lawful right to reside in the UK.
You can only break a fixed-term tenancy early if your contract contains a written **Break Clause** (e.g. 6-month break clause in a 12-month contract giving 2 months' notice) or if your landlord agrees to a mutual surrender.
Related UK Calculators & Master Guides
GOV.UK VerifiedOfficial UK Government References & Legal Sources
- • GOV.UK How to Rent Checklist: gov.uk/how-to-rent
- • GOV.UK Tenancy Deposit Protection Guidance: gov.uk/tenancy-deposit-protection
- • Shelter UK Tenant Fees Act Guidance: shelter.org.uk/tenant_fees_act
Renting Statutory Caps
Security Deposit Cap5 Weeks Rent
Holding Deposit Cap1 Week Rent
Agency & Referencing Fees£0 (ILLEGAL)
Council Tax Single Person25% Discount