Licensing fees for landlords can affect renters because councils pass costs to licence holders, who may factor them into rents or service charges. This guide explains how licensing fees are calculated in England, what powers local councils have, and what tenants and renters should do if they suspect a licence is unfair or costs are being misapplied. It uses plain language to describe who sets fees, the checks councils use to arrive at a fee level, and the practical steps tenants can take to raise concerns, request information or make a complaint. Where relevant, official forms and tribunal options are identified so you know where to find and use them.
Who decides landlord licensing fees?
Local housing authorities (your council) set licensing fees for schemes such as selective and additional licensing under the Housing Act 2004 (see legislation)[1]. Councils must follow their own published fee policies and may consult before starting a scheme. Tenants do not set these fees, but the rules aim to ensure fees cover costs rather than create profit.
What goes into a licensing fee?
Councils typically build fees from identifiable cost elements. These commonly include administration, inspections, compliance checks, licence processing, and enforcement work. Fees should be reasonable, transparent and linked to the actual cost of running the licensing scheme rather than being a blanket charge.
- Application and administrative processing costs such as staff time and IT systems.
- Compliance and inspection costs for initial checks and follow-up visits.
- Enforcement and remediation activity where landlords fail to meet licence conditions.
- Costs of running schemes across the licensing period, often amortised over licence length.
Legal framework and tenant protections
The underlying legal powers for licensing come from the Housing Act 2004; other tenancy rules are in the Housing Act 1988 and Rent Act 1977 for aspects of possession and rent law. Councils must publish fee-setting policies and impact assessments so tenants and landlords can see how figures were reached.
Official forms tenants and landlords may use
Some national forms and application routes you should know about:
- Form 6A – Notice seeking possession (Section 21) for assured shorthold tenancies: used by landlords to seek possession; tenants should keep a copy and check dates and grounds carefully. See the official Form 6A example and guidance on GOV.UK and consult it before responding to a notice. [2]
- Council licence application form – name and format vary by local authority; tenants can request to see the landlords licence and the councils published fee schedule to check what was charged.
- First-tier Tribunal (Property Chamber) application forms and guidance for disputes about possession or certain tenancy issues; tenants can use tribunal routes when legal orders or formal appeals are needed. [3]
Practical tenant-focused examples
Example 1: If your landlord says a licence fee increased your rent, ask for the councils fee schedule and the landlords invoice from the council. If the landlord cannot produce evidence, raise the issue with the council housing enforcement team.
Example 2: If a council grants a licence and you believe the landlord is charging tenants directly in breach of the tenancy, you can complain to the council and, where appropriate, seek advice about applying to the First-tier Tribunal (Property Chamber) or pursuing a complaint under tenancy rules.
FAQ
- Who sets licensing fees for landlords?
- Local housing authorities (your council) set fees based on a fee policy and the actual costs of running the licensing scheme.
- Can my landlord pass a licence fee to me?
- That depends on your tenancy agreement and whether the charge is lawful; tenants should ask for a breakdown and check the councils published fee policy.
- What can I do if I suspect overcharging?
- Request documentation from the landlord, contact your councils licensing team and consider tribunal options if the dispute cannot be resolved.
How-To
- Contact your landlord in writing to request a copy of the licence and a breakdown of any fees charged to tenants.
- If the response is unsatisfactory, contact your local councils housing or private rented sector team to request the licence details and the councils fee schedule.
- If the council confirms an issue, follow the council complaints process or ask them about enforcement action.
- Consider applying to the First-tier Tribunal (Property Chamber) if you need a formal decision about possession or certain legal disputes; use the tribunal forms and guidance.
Key Takeaways
- Licensing fees are set by local councils and should reflect actual scheme costs, not profit.
- Tenants can ask landlords and councils for a fee breakdown and supporting documents.
- If you cannot resolve a dispute, the First-tier Tribunal (Property Chamber) or council enforcement are official routes.
Help and Support / Resources
- Private renting guidance (GOV.UK)
- Find your local council (GOV.UK)
- First-tier Tribunal (Property Chamber) information (GOV.UK)
