Scope: England and Wales. The Tenant Fees Act 2019 applies in England; Wales has its own equivalent in the Renting Homes (Fees etc.) (Wales) Act 2019, with the same five-week deposit cap. The discrimination ban applies in both. Verified 10 August 2026.
Most listing breaches are not deception. They are habits from before 2019, and before May 2026.
What the listing must show
- The EPC rating. Required from the moment the property is marketed, and the band must be E or better to let at all — see EPC minimum standards.
- The rent, clearly, and the deposit amount.
- Any permitted payments the tenant will be asked for. If it is not disclosed, do not expect to charge it.
- The agent's redress scheme, if let through an agent.
What it may no longer say
Since 1 May 2026 a listing may not exclude, or discourage, people because they receive benefits or have children. "No DSS", "professionals only", "not suitable for children" — all caught. So are the quieter versions: an income multiple that only salaried applicants can meet, or a blanket guarantor demand aimed at claimants. See the rental discrimination ban.
The Equality Act 2010 continues to apply on top of that.
The deposit cap
Five weeks' rent where the annual rent is under £50,000. Six weeks where it is £50,000 or more. Weeks, not months — the common error is charging a calendar month and a half, which is more than five weeks.
Taking more than the cap is a prohibited payment, and it must be returned before you can serve a valid section 21 notice — which, since section 21 is abolished for new tenancies, now matters mostly as an indicator of how seriously the cap is treated.
Holding deposits: one week, and strict rules
A holding deposit is capped at one week's rent. You may take only one at a time for a property.
You must return it within 15 days of taking it, unless the tenancy is entered into or the parties agree a longer deadline in writing. You may keep it only in narrow circumstances:
- The tenant withdraws.
- The tenant fails a Right to Rent check.
- The tenant provided false or misleading information that materially affects their suitability.
- The tenant fails to take reasonable steps to enter the tenancy while you do.
"Changed their mind about the area" is the first of those. "We found someone better" is not on the list at all.
Then the clock starts
Once the tenancy is agreed, the first tenancy checklist takes over, and the deposit must be protected within 30 days of receipt. The advertising stage is also where the rent you set becomes the number you are largely stuck with.
Run the free compliance check before you list.