Many tenants in England ask whether landlords can charge a fee when a lease is assigned to a new tenant. This article explains when assignment fees may be lawful, which parts of a lease to check, and what rights renters have if they think a charge is unfair. I cover the key legislation, the tribunal you can use, the official forms tenants may need, and practical steps to dispute a fee. The guidance is aimed at renters and tenants who are not legal experts, so terms are explained plainly and examples show how to act. Keep copies of your tenancy agreement and communications to support any challenge.
When can landlords charge an assignment fee?
A landlord may try to charge for administration, referencing a lease clause allowing assignment or asking for consent. For many assured shorthold tenancies there are strict limits under the Tenant Fees Act; for other tenancy types the lease and general contract law govern what is allowed. Check whether your tenancy is covered by the Tenant Fees Act and whether the fee is described in your written agreement before you pay.[2]
- Fee for landlord consent written in the lease (may be lawful if not prohibited).
- Administration or referencing charge explicitly allowed by the tenancy contract.
- Charges that are effectively penalties and not tied to actual cost are often challengeable.
Relevant law and the tribunal to use
The key legislation tenants should know includes the Housing Act 1988 and the Tenant Fees Act 2019; these affect how assignment and other tenancy charges are treated in England.[1] If you cannot resolve the dispute, appeals and some housing disputes are heard by the First-tier Tribunal (Property Chamber). If you need to complain about a prohibited fee you can also report it to your local trading standards or pursue a civil claim.[3]
Official forms and how tenants use them
Some common official routes and forms are:
- N1 (County Court) claim form or Money Claim Online – use this to seek repayment of money you believe was charged unlawfully or to claim a refund when informal resolution fails. Example: you paid a 200 assignment charge that breaches the Tenant Fees Act; you can start a small money claim online to recover that amount.
- First-tier Tribunal (Property Chamber) application guidance – use the tribunal route if the dispute falls within the tribunals jurisdiction for residential property; follow the tribunals application steps and include copies of your tenancy and fee receipts as evidence.
When using any form, describe the fee, include dates, attach the tenancy agreement and receipts, and give a clear remedy you seek (for example a refund of the fee). Links to official guidance are provided below and in the footnotes.
How to gather evidence and prepare
Gather every relevant document before you act: the tenancy agreement, any clause about assignment, receipts for payments, emails or messages with the landlord or agent, and any advert or listing that mentions fees. Write a clear chronology of events and keep copies of everything.
- Tenancy agreement and lease clauses about assignment or consent.
- Receipts or bank statements showing payment of the fee.
- Emails, texts or notes of conversations with the landlord or agent.
FAQ
- Can my landlord charge me an assignment fee?
- Sometimes, but many fees are restricted for assured shorthold tenancies under the Tenant Fees Act 2019. Check your tenancy type and the written agreement, and ask for a written breakdown of any fee.
- What if the lease says I must get landlord consent before assigning?
- A lease can require consent, but any fee must not be a prohibited payment for tenancies covered by the Tenant Fees Act; if consent is unreasonably withheld you may have other remedies such as asking the tribunal to decide.
- How quickly must I act to challenge a fee?
- Act promptly: keep records and raise the issue in writing as soon as possible. For money claims the common limitation period is six years for most contract claims in England, but you should start sooner to preserve evidence and meet procedural deadlines.
How-To
- Contact your landlord or agent in writing asking for a clear breakdown of the assignment fee and the lease clause that authorises it.
- Gather documents: copy the tenancy agreement, receipts, messages and any adverts that mention fees.
- File a formal complaint with the landlord or agent and, if relevant, report a suspected prohibited fee to your local trading standards using official guidance.
- If informal routes fail, apply to the First-tier Tribunal (Property Chamber) or start a County Court money claim (N1/Money Claim Online) to seek a refund.
- Bring organised evidence to any hearing and prepare a short chronology of what happened and the losses you seek.
- If the decision awards you a refund, follow the order to recover the money and keep records of the outcome.
Key Takeaways
- Check whether the Tenant Fees Act 2019 applies to your tenancy before paying an assignment fee.
- Keep all tenancy documents and receipts; strong evidence is essential when disputing a charge.
- If you cannot resolve the dispute, official routes include Trading Standards, the First-tier Tribunal and County Court claims.
Help and Support / Resources
- Tenant Fees Act guidance - GOV.UK
- First-tier Tribunal (Property Chamber) - GOV.UK
- Make a court claim for money (N1/Money Claim Online) - GOV.UK
