Tenant Fees Act 2019: What's Prohibited in England

Renters in England have protections under the Tenant Fees Act 2019 that limit what landlords and agents can charge during a tenancy. This guide explains, in plain language, which fees are banned, what counts as a permitted payment, how to check if a charge is unlawful, and practical steps tenants can take to reclaim money or report breaches. You will find examples of common banned fees, the official forms used for possession and deposit disputes, and links to the First-tier Tribunal (Property Chamber) and government guidance. If you are dealing with a disputed administration charge, deposit problem, or eviction notice, this article focuses on clear action steps and official resources to help you resolve the issue in England.

What the Tenant Fees Act 2019 bans

The Tenant Fees Act 2019 makes it unlawful for landlords and letting agents in England to require or accept certain charges from tenants. Common banned charges include:

• Holding deposits more than one week’s rent or kept beyond lawful rules
• Administration or referencing fees charged at move-in
• Inventories or check-out fees imposed by the agent or landlord
• Fees for providing keys or replacing locks in most cases
• Any other payment explicitly listed as banned by the Act

For official guidance and the full list of prohibited payments see government guidance.^[1]

Permitted payments and deposit rules

Certain payments remain lawful: rent, a tenancy deposit (capped at five weeks’ rent for most tenancies), and a holding deposit (capped at one week’s rent if used). Landlords can also charge for late rent or lost keys in reasonable amounts defined in the tenancy agreement.

• Rent and agreed periodic payments
• Tenancy deposit capped (usually five weeks for tenants with annual rent under a limit)
• Reasonable costs for lost keys or damage beyond fair wear and tear

Official forms and when to use them

Some official forms you may need:

• Notice seeking possession under Section 21 — Form 6A: used by landlords to give notice to end an assured shorthold tenancy; tenants should check that the correct form and prescribed information were served before responding.^[2]
• Claim form (N1): to start a county court claim for repayment of unlawful fees or other money owed; use when negotiated repayment fails.
• Apply to the First-tier Tribunal (Property Chamber): used for some deposit disputes and certain residential property issues; the tribunal handles cases in England and Wales.^[3]

How to reclaim unlawful fees

Practical steps tenants commonly take to recover unlawful charges include:

• Collect evidence: emails, receipts, the tenancy agreement and any invoices
• Write to the landlord or letting agent asking for repayment and a deadline
• Report the breach to your local authority or trading standards if the landlord refuses
• Consider a county court claim (N1) for repayment plus a statutory penalty if applicable

FAQ

Can my landlord still charge referencing fees in England?

No. Referencing or administration fees charged to tenants at the start of a tenancy are prohibited under the Tenant Fees Act 2019.

What happens if I already paid a banned fee?

You can ask for a refund, send a written request, and if necessary start a county court claim to recover the payment.

Who enforces the Tenant Fees Act in England?

Local authorities and trading standards enforce the Act; tenants can also apply to courts or the First-tier Tribunal (Property Chamber) for related disputes.^[3]

How-To

1. Gather all documents and evidence showing the charge
2. Send a clear written request to the landlord asking for repayment within 14 days
3. If refused, report the landlord to your local authority or trading standards
4. If you still do not get repayment, start a county court claim using form N1
5. Consider seeking a remedy from the First-tier Tribunal for deposit disputes or related issues

Key Takeaways

• The Tenant Fees Act 2019 bans most tenant charges beyond rent and permitted payments.
• Keep detailed records and ask for refunds in writing before escalating.
• Use local authority enforcement, county court claims, or the First-tier Tribunal as appropriate.

Help and Support / Resources

• [1] Tenant Fees Act collection - GOV.UK
• [2] Notice seeking possession (Form 6A) - GOV.UK
• [3] First-tier Tribunal (Property Chamber) - GOV.UK

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1. [1] Tenant Fees Act collection - GOV.UK
2. [2] Notice seeking possession (Form 6A) - GOV.UK
3. [3] First-tier Tribunal (Property Chamber) - GOV.UK