Tenant Fees Act 2019: What Tenants in England Need to Know

The Tenant Fees Act 2019 changed what landlords and letting agents can charge renters in England. This guide explains banned payments, permitted deposits and holding payments, and clear steps a tenant can take if they believe they were charged an unlawful fee. It uses plain language for renters and tenants and points to official government and tribunal channels so you can act confidently and within the correct legal processes in England.

What the law bans

The Act makes many tenant-facing fees illegal. Common examples of banned charges include up-front admin fees, inventory fees and unreasonable reference or credit-check charges. If you paid one of these, you may be entitled to a refund and compensation.

• Holding or reservation fees above the legal cap.
• Administration or reference fees charged by letting agents.
• Charges for basic services that are the landlord27s responsibility.

Permitted payments and deposit limits

Certain payments remain lawful: rent, a security deposit within statutory caps, tenancy deposits protected under a government-approved scheme, and some replacement keys or damage costs if they reflect actual loss. For most assured shorthold tenancies the security deposit cap is five weeks27 rent where the annual rent is under A350,000 and six weeks where the annual rent is A350,000 or more. See official guidance for details and exceptions.^[1]

How to check if a fee was illegal

Follow a clear checklist to assess any suspect charge.

• Gather receipts, bank statements and the tenancy agreement as evidence.
• Compare each charge against the list of banned payments in official guidance.^[2]
• Check whether a deposit or holding payment exceeds the statutory caps.
• Contact the landlord or agent in writing to request an explanation and refund if appropriate.

When to use the First-tier Tribunal (Property Chamber)

If informal complaints and a written refund request fail, tenants can apply to the First-tier Tribunal (Property Chamber) for remedies including repayment and a possible additional penalty. The Tribunal handles many housing disputes for residential tenancies in England and provides formal decisions when negotiations do not resolve the issue.^[3]

How-To

1. Collect evidence: receipts, photos, your tenancy agreement and bank records showing the payment.
2. Send a clear written request to the landlord or agent asking for a refund and explaining why the fee is banned; keep a copy.
3. If you get no satisfactory response, report the issue to your local Trading Standards or consumer protection service.
4. Apply to the First-tier Tribunal (Property Chamber) with your evidence for an order to repay the fee and any statutory penalty.
5. Attend any hearing (in person or remote), present your documentation, and follow the Tribunal27s directions.

FAQ

What payments are definitely banned for tenants in England?

Any payment the Tenant Fees Act 2019 classifies as a prohibited payment, including excessive admin and reference fees, is banned and may be repaid.

Can a landlord charge a holding deposit?

Yes, but a holding deposit is capped (usually at one week27s rent) and must be handled according to the rules set out in official guidance.

How long do I have to challenge an illegal fee?

You should act promptly: first try an informal written request for refund, then report to Trading Standards or apply to the First-tier Tribunal. Time limits for different civil claims can vary, so seek official guidance early.

Help and Support / Resources

• First-tier Tribunal (Property Chamber) 2D gov.uk
• Tenant Fees Act 2019 guidance 2D GOV.UK
• Find your local Trading Standards 2D GOV.UK

1. [1] Tenant Fees Act 2019 2D legislation.gov.uk
2. [2] Tenant Fees Act 2019 guidance 2D GOV.UK
3. [3] First-tier Tribunal (Property Chamber) 2D GOV.UK
4. [4] Housing Act 1988 2D legislation.gov.uk