Renting in Wales means you have protections against many upfront and in-tenancy charges that used to be common. This guide explains what charges are unlawful under the tenant fees ban, how tenants and renters can spot illegal payments, and practical steps to challenge a charge or seek repayment. We use plain language and focus on actions a tenant can take today — from collecting evidence and contacting your landlord or agent to making an application to the First-tier Tribunal (Property Chamber). If you are unsure about a fee you were charged, this article points to official forms, the relevant legislation, and where to get authoritative government help in Wales.
What the tenant fees ban covers in Wales
The ban prevents most fees charged to tenants or prospective tenants by landlords or letting agents. Common illegal charges include:
- Holding deposit (money taken to reserve a property)
- Referencing or credit-check fees
- Inventory, check-in and check-out charges
- Administration, tenancy set-up or renewal fees
- Key replacement or lock-change fees charged without clear evidence
- Payment processing fees for paying rent by card
Charges that may still be lawful
Some payments remain lawful if they are explicitly allowed by statute or the tenancy contract, and if the tenant has agreed to them in writing. Examples are:
- Costs to repair deliberate or careless damage, with receipts or estimates
- Rent and a lawful security deposit paid into a statutory deposit scheme
- Fees set by a court or tribunal order
How to challenge an illegal charge
Take these practical steps: first collect and save evidence — receipts, bank statements, email exchanges and any tenancy paperwork that shows what you were charged and why. If the charge looks illegal, raise it in writing with your landlord or agent and ask for a refund and an explanation. If that does not resolve the matter, you can apply to the First-tier Tribunal (Property Chamber) for an order to repay unlawful fees[3] and cite the relevant legislation[1][2].
- Gather evidence and copy all messages and receipts
- Send a clear written complaint to your landlord or agent requesting a refund
- Apply to the First-tier Tribunal (Property Chamber) if the landlord refuses to repay
Official forms you may need
Use official forms and guidance so your application is accepted. Key examples:
- Form 6A (Section 21) — a prescribed notice used by landlords to seek possession of an assured shorthold tenancy; tenants should review it so they understand notices that may affect their rights, for example if a landlord uses a Section 21 notice after charging prohibited fees.
- First-tier Tribunal application — use the tribunal's online application process to request repayment or an order; include a clear chronology, copies of receipts and any correspondence with the landlord as evidence.
FAQ
- Which charges are illegal in Wales?
- Most upfront and in-tenancy fees charged by landlords or agents are prohibited; common examples are holding deposits, referencing fees, inventory charges and administration fees.
- Can my landlord deduct for damage from my deposit?
- A landlord may deduct for proven damage from a protected deposit but must follow the rules of the tenancy deposit scheme and provide evidence of the cost.
- Where do I apply to challenge an illegal fee?
- You can apply to the First-tier Tribunal (Property Chamber) for an order to repay unlawful fees after gathering evidence and attempting a written complaint to your landlord or agent.
How-To
- Gather evidence: receipts, bank statements and all messages about the charge.
- Write to your landlord or agent requesting a refund and keep a copy of the letter or email.
- Apply to the First-tier Tribunal (Property Chamber) using the official application process and attach your evidence.
- Attend the hearing (or submit any requested documents) and keep the tribunal decision for your records.
Key Takeaways
- Many common letting fees are now illegal and tenants should not be charged them.
- Keep organised evidence and a clear timeline of events if you need to challenge a fee.
- The First-tier Tribunal (Property Chamber) handles disputes about unlawful charges in Wales.
Help and Support / Resources
- Contact Rent Smart Wales
- Contact the First-tier Tribunal (Property Chamber)
- Contact Welsh Government housing guidance
