Legal Limits on Extra Fees and Charges for Renters in England

Renting a home in England should be straightforward and fair, yet misunderstandings about extra fees and charges can cause confusion or unexpected costs. As a renter, it’s important to understand exactly what landlords and letting agents can legally ask you to pay—especially since recent changes in English law have protected tenants from unfair or hidden charges. Let’s explore your rights, what counts as a legal fee, and what you can do if you think you’ve been overcharged.

What Extra Fees and Charges Are Legal?

The law in England is clear: most extra fees for renters are now banned under the Tenant Fees Act 2019¹. This means that landlords and letting agents can only charge for specific things. If you are asked to pay for anything not listed below, it’s likely to be unlawful.

Permitted Payments for Renters

Landlords and agents can only require the following payments:

• Rent (the main payment for living in the property)
• Tenancy deposit (capped at five weeks’ rent for most tenancies, or six weeks if your annual rent exceeds £50,000)
• Holding deposit (to reserve a property, capped at one week’s rent)
• Payments for default (like late rent or lost keys, but only reasonable costs and only if clearly shown in your tenancy agreement)
• Changes to the tenancy (capped at £50, or “reasonable costs” if higher—for example, changing a tenant’s name on the agreement)
• Early termination (if requested by you, but only costs incurred by the landlord)
• Payments for council tax, utilities, TV licence, and communication services (where you would normally be responsible for these)

What Fees Are Banned?

The following are examples of banned fees under England law:

• Viewing fees or registration fees
• Fees for referencing or credit checks
• Inventory fees or check-out charges
• Charges for mandatory professional cleaning (unless you have caused excess damage)
• Renewal fees for extending your tenancy

Any demand for these payments is unlawful, and you have the right to refuse.

What to Do If You’re Charged Banned Fees

If you believe you have been asked for, or paid, a prohibited fee, you can take simple but effective steps to resolve the situation:

• Ask the landlord or letting agent to remove or refund the illegal fee. Share proof (such as the tenancy agreement) and refer to the Tenant Fees Act 2019.
• If they refuse, contact your local council’s housing department. Councils have the authority to investigate and fine landlords or agents who break the law.
• Seek support from free services like Citizens Advice, who can help challenge unlawful charges.

Official Forms and How to Use Them

• Form: Application to the First-tier Tribunal (Property Chamber) – Residential Property
  When to use: If your landlord refuses to refund a banned fee, you can use this form to start a claim for repayment.
  How to use it: Download the official First-tier Tribunal (Property Chamber) application form and submit it with details of your case. Attach evidence of the banned fee and any correspondence with your landlord or agent.

Which tribunal handles tenancy fee disputes?

The First-tier Tribunal (Property Chamber) – Residential Property is the official body for handling disputes about tenancy fees and other residential property matters in England.

Staying informed of your rights can help you challenge unfair or hidden charges and protect your money throughout your tenancy.

FAQ: Extra Fees and Charges for Renters in England

1. What should I do if my letting agent asks for a referencing fee?
   Referencing fees are banned in England under the Tenant Fees Act 2019. Politely inform the letting agent that this is unlawful, refer them to the legislation, and refuse to pay.
2. Can my landlord charge me extra for cleaning when I move out?
   No, unless you have caused excess damage beyond reasonable wear and tear. Routine professional cleaning charges are banned unless you’ve left the property in an unreasonable state.
3. How do I get an illegal fee refunded?
   First, ask your landlord or agent for a refund in writing. If they refuse, contact your local council or submit a complaint to the First-tier Tribunal (Property Chamber) using their official form.
4. What is the maximum tenancy deposit my landlord can ask for?
   The maximum deposit is five weeks’ rent for annual rents under £50,000, or six weeks for rents of £50,000 or more per year.
5. Are holding deposits legal?
   Yes, but only up to one week’s rent. Any amount above this limit cannot be charged lawfully.

Conclusion: Key Takeaways

• Most extra charges for renters are now banned in England—know the list of permitted fees before paying.
• If you’re asked for a banned fee, gather evidence and challenge it with your landlord, agent, or local council.
• The First-tier Tribunal (Property Chamber) can help you reclaim unlawful payments.

By staying informed and proactive, you can avoid unnecessary costs and enjoy a fairer renting experience.

Need Help? Resources for Renters

• How to Rent: The Checklist for Renting in England (UK Government Guide)
• Find your local council’s housing department
• Citizens Advice – Tenant Fees Guidance
• First-tier Tribunal (Property Chamber) – Residential Property

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1. Tenant Fees Act 2019 (legislation.gov.uk)

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