As a renter in Wales you may be asked to pay extra charges when you move into a home. This guide explains what common move-in fees are, which charges could be unlawful under applicable housing law, and what steps tenants can take if they think a landlord or agent is asking for unfair payments. It covers deposits, holding fees, administration charges and first-month rent, and shows when to refuse or formally challenge a fee. Practical examples and official forms are included so tenants know how to record problems, who to contact and how to apply to the First-tier Tribunal or courts. The language is plain and focused on helping tenants understand their rights and act confidently.
What are move-in fees?
Move-in fees are any payments a landlord or agent asks for at the start of a tenancy beyond the agreed rent. Typical examples include holding deposits, security (tenancy) deposits, administration or referencing fees and the first months rent. Deposits are frequently protected by an official deposit protection scheme, and tenants have access to dispute resolution through that scheme if the deposit is withheld unfairly.[6]
- Holding deposit (a short-term payment to reserve a property while references are checked)
- Security deposit (a larger sum held against damage or unpaid rent)
- Administration or referencing fee (charges for checks or paperwork)
- First months rent or advance rent payment
Are move-in fees legal in Wales?
There is no single answer that covers every fee. The legality depends on the type of charge and whether it is required by statute or contract. Key statutes used in landlord and tenant disputes include the Housing Act 1988 and the Rent Act 1977, which set out core tenancy rules and possession procedures.[2][3] For many disputes about deposits and related charges tenants will use the tenancy deposit protection process or apply to the First-tier Tribunal (Property Chamber) for a resolution or order.[1]
What to do if you are charged an unlawful fee
- Check your written tenancy agreement and any paperwork you were given at signing for a clear description of permitted charges.
- Write to the landlord or letting agent asking for a written breakdown of the fee and the legal basis for it, keeping a dated copy of your message.
- Collect evidence such as receipts, screenshots, messages and a copy of the tenancy terms in case you later need to dispute the charge.
- Use official dispute routes: raise a complaint via the tenancy deposit protection scheme if the issue is the deposit, or consider applying to the First-tier Tribunal (Property Chamber) for a decision.
- Seek advice from official Welsh housing resources like Rent Smart Wales or the Welsh Governments private renting guidance for clear next steps.
Official forms you may need
Below are the official forms and pages tenants commonly use when a move-in fee is disputed. Each entry explains when tenants use it and gives a practical example.
- Section 21 notice (Form 6A) What it is: the prescribed form for a landlord to give a notice seeking possession under Section 21 of the Housing Act 1988. When used: landlords use this form to start a no-fault possession process. Tenant example: if a landlord serves Form 6A claiming you did not pay a permitted fee, you can check whether the fee was lawful and reply or seek help; the official form is available on GOV.UK.
- Tenancy deposit protection guidance and dispute resolution What it is: GOV.UK guidance and links to the authorised deposit protection schemes that hold and resolve disputes about deposits. When used: tenants use the schemes dispute resolution service if a deposit is withheld unfairly. Tenant example: after move-out, if the landlord keeps part of your deposit arguing for damage you did not cause, use the schemes resolution to submit evidence and ask for a decision.
- First-tier Tribunal (Property Chamber) guidance What it is: official GOV.UK pages explaining how to make applications to the First-tier Tribunal (Property Chamber) for England and Wales. When used: tenants can apply if other resolution routes fail, for issues like unlawful withholding of sums or disputes over possession. Tenant example: if an agent charged an unlawful administration fee and refuses to repay, you can apply to the tribunal for an order.
FAQ
- Can a landlord charge an administration fee when I move in?
- No: an administration fee is only lawful if the tenancy agreement or legislation allows it; many historic referencing or admin fees are not permitted without clear legal basis.
- Can I get a refund of an unlawful fee?
- Yes: you should request a refund in writing first, and if refused you can use the tenancy deposit scheme (for deposit disputes) or apply to the First-tier Tribunal or courts to recover unlawful charges.
- Which tribunal or body handles tenancy disputes in Wales?
- The First-tier Tribunal (Property Chamber) handles many housing disputes for England and Wales and provides orders and decisions on possession and related matters.[1]
How-To
- Confirm the exact charge and where it is written in your tenancy paperwork.
- Gather evidence: receipts, messages, screenshots and the tenancy agreement.
- Write a clear complaint to the landlord or agent requesting repayment and a legal explanation.
- Use the tenancy deposit schemes dispute service if the issue is a deposit, following the schemes guidance and forms.[6]
- If the landlord refuses, submit an application to the First-tier Tribunal (Property Chamber) with your evidence.
Key Takeaways
- Not all move-in fees are lawful; check the tenancy agreement and official guidance.
- Keep written evidence and use deposit schemes or the tribunal to resolve disputes.
- Seek help early from official Welsh housing resources to avoid missed deadlines.
Help and Support / Resources
- Rent Smart Wales landlord and tenant support
- Welsh Government private renting guidance and support
- First-tier Tribunal (Property Chamber) how to apply and guidance
