Deposits and Fees in Wales: What a Landlord Can Charge
The Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 controls what a landlord or letting agent can charge a contract-holder in Wales. It works on a permitted-payments model: only specific payments are allowed, and charging anything else is a criminal offence.
Key points
- The Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 lists the only payments a landlord or agent may charge — everything else is prohibited.
- It is a criminal offence under section 2 of the Act for a landlord to require a prohibited payment.
- Rent and a security deposit are both permitted payments under Schedule 1.
- Unlike England, Wales does not cap the amount of a security deposit a landlord can require.
- A holding deposit is capped at one week's rent; anything charged above that is a prohibited payment.
- A holding deposit must normally be repaid within 7 days of a contract being made, or of the 15-day "deadline for agreement" passing without one.
Permitted Payments and the Section 2 Offence
The Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 — retitled from the "Renting Homes (Fees etc.) (Wales) Act 2019" by the Renters' Rights Act 2025 — works on a permitted-payments model. Schedule 1 to the Act lists the specific payments a landlord or letting agent is allowed to require from a contract-holder. Any payment that is not on that list is a prohibited payment.
Under section 2 of the Act, it is a criminal offence for a landlord to require a contract-holder, or someone acting on their behalf, to make a prohibited payment. This applies whatever the payment is called — what matters is whether it appears on the Schedule 1 list, not what it is labelled.
Schedule 1 paragraph 1 confirms that rent is a permitted payment, and paragraph 2(1) confirms that "a payment of a security deposit is a permitted payment". Holding deposits are also permitted, subject to the cap described below.
Security Deposits: Permitted, With No Statutory Cap
A security deposit is a permitted payment in Wales under Schedule 1 paragraph 2(1) of the 2019 Act. Unlike England, Wales does not set any maximum amount for a security deposit. England's Tenant Fees Act 2019 caps a security deposit at five or six weeks' rent, depending on the annual rent — but there is no equivalent cap anywhere in the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
This is an important difference to be aware of. A contract-holder in Wales who assumes the English deposit cap applies to them may wrongly conclude that a landlord's deposit request is unlawful when it is not — a landlord in Wales asking for a deposit above the English cap is not, on that basis alone, doing anything unlawful under this Act.
If a deposit amount asked of you seems disproportionate, that is still worth raising with your landlord or getting advice on — but it is not, by itself, a breach of the fees legislation in the way an equivalent amount would be in England. For how deposit protection works for your occupation contract, see gov.wales or ask Citizens Advice.
Holding Deposits: Capped at One Week's Rent
A holding deposit — sometimes called a reservation fee — is a permitted payment under Schedule 1, but it is capped. Under Schedule 1 paragraph 4(c), a holding deposit must not "exceed an amount equivalent to one week's rent under the contract". Under paragraph 4(5), any amount charged above one week's rent is itself a prohibited payment.
So if a landlord or agent asks you for a holding deposit worth more than one week's rent, the excess above one week's rent is unlawful to charge, even though a holding deposit itself is permitted.
When a Holding Deposit Must Be Repaid
Once you have paid a holding deposit, Schedule 2 sets a timetable for what happens next. Paragraph 2(1) defines the "deadline for agreement" as the fifteenth day of the period beginning with the day the holding deposit was paid — in other words, you and the landlord have 15 days to reach agreement on the contract, unless paragraph 2(2) lets you agree a different day in writing.
Under Schedule 2 paragraphs 3–4, the landlord must repay the holding deposit within 7 days of either: the contract being made, or the deadline for agreement passing without a contract being made.
Paragraph 5 sets one exception: the landlord does not have to repay the holding deposit separately to the extent that it is applied towards your first rent payment or towards your security deposit instead — in that case, the money carries forward into the contract rather than being handed back and then re-paid.
Rent Smart Wales and Raising a Concern
Landlords letting property in Wales must be registered, and agents must be licensed, with Rent Smart Wales under Part 1 of the Housing (Wales) Act 2014. If you think a landlord or agent has charged you a prohibited payment, or has failed to repay a holding deposit on time, you can raise this with Rent Smart Wales, or get advice from Citizens Advice, before deciding whether to pursue the matter further.
Keep a record of anything you have been asked to pay, and in what form (bank transfer, cash, card), as this will help if you need to show what happened.
Frequently asked questions
Is there a limit on how much deposit my landlord can ask for in Wales?
Is it illegal for my landlord to charge me an admin fee?
How much can a holding deposit be?
When should I get my holding deposit back?
What is the "deadline for agreement"?
What to do next
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Official bodies and resources
Citizens Advice
CharityProvides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.
Shelter
CharityA housing charity providing advice and support for people who are homeless or at risk of losing their home.
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