Many tenants in England wonder whether a landlord can pass the cost of a local property licence on to them. This article explains your rights as a renter, when licensing fees may be lawful, and how to challenge charges that feel unfair. It covers mandatory HMO and selective licensing schemes, the Tenant Fees Act rules that limit what landlords can charge, and practical actions you can take—such as asking your council to check licensing status or applying for a rent repayment order. Examples and the key forms you might use are included, with links to official government pages and the tribunal that decides disputes. The goal is to give clear, practical steps so tenants can protect their deposit and budget.
When can landlords pass licensing costs to tenants?
Whether a landlord can charge you for a property licence in England depends on the tenancy type and the law. The Tenant Fees Act 2019 bans most tenant charges, but limited exceptions exist where a charge is explicitly permitted by statute or by a transparent clause in the contract and does not disguise a banned fee [1]. Councils control and enforce landlord licensing conditions, and you can check a property’s licence requirements or guidance on GOV.UK or with your local council Get a landlord licence[2].
Mandatory HMO and selective licensing
Some properties must be licensed, for example mandatory HMO licences apply when three or more tenants form more than one household and share facilities. Selective licensing may apply in specific areas for all privately rented properties. A licence fee itself is usually a charge to the landlord for the administration and inspection of the scheme, but whether it can be passed to tenants depends on the tenancy agreement and the Tenant Fees Act rules.
Official forms tenants may use
- HMO or selective licence application (local council form). Name/number: varies by council. When used: landlords apply; a tenant example: you can ask your council for confirmation that a property is licensed and request a copy of the licence if you suspect it is required but missing [2].
- Rent Repayment Order application. Name/number: no single national form number; tenants apply to the First-tier Tribunal to request repayment of unlawful payments (including penalties or rent paid while a landlord was unlicensed). Practical example: if you paid a charge your landlord called a "licence fee" but it breaches the Tenant Fees Act, you could apply for an RRO to recover money Apply for a rent repayment order[3].
Challenging unlawful charges
If you think a charge for a licence is unlawful, start by asking the landlord in writing for a breakdown and a receipt. If the landlord refuses or the charge looks like a banned fee, collect evidence: tenancy agreement, receipts, screenshots of adverts, and communication. You can ask your local council to investigate unlicensed properties and, where appropriate, apply to the First-tier Tribunal (Property Chamber) for a rent repayment order or other remedies First-tier Tribunal (Property Chamber)[4].
Practical steps for tenants
- Collect and keep evidence of any charge and payments, including receipts, messages and the tenancy agreement.
- Contact your local council to check whether the property needs a licence and to report suspected unlicensed letting.
- Ask the landlord in writing for a formal explanation and any paperwork that justifies the charge.
- Consider applying for a rent repayment order to recover unlawful charges if informal steps fail.
FAQ
- Can my landlord charge me for a council property licence?
- Only in limited circumstances; most fees payable by tenants are restricted by the Tenant Fees Act, so check your tenancy and ask for written justification before paying.
- What is a rent repayment order and how do I apply?
- A rent repayment order lets a tribunal order repayment of rent or charges paid where the landlord breached licensing or other legal obligations; you apply to the First-tier Tribunal (Property Chamber) and should include evidence of the charge and payments.
- Who enforces landlord licensing rules?
- Local councils enforce licensing schemes and may issue penalties; the First-tier Tribunal hears disputes and applications such as rent repayment orders.
How-To
- Check your tenancy agreement for any clause about licence fees and note the exact wording.
- Request a written receipt and a breakdown of the licence charge from your landlord or agent.
- Contact your local council to confirm whether the property needs a licence and report suspected unlicensed letting.
- If the charge appears unlawful, prepare evidence and consider applying for a rent repayment order to the First-tier Tribunal.
- Keep copies of all applications, correspondence and receipts until the matter is fully resolved.
Key Takeaways
- Most tenant fees are restricted by law, so check the Tenant Fees Act and your tenancy for protections.
- Your local council enforces licensing and can investigate unlicensed properties.
- Where informal resolution fails, the First-tier Tribunal can award rent repayment orders to tenants.
Help and Support / Resources
- Get a landlord licence - GOV.UK
- Apply for a rent repayment order - GOV.UK
- First-tier Tribunal (Property Chamber) - GOV.UK
