Agent charged you fees. Most of them are banned.
Since 2019 a letting agent in England can charge a tenant almost nothing beyond rent and a capped deposit. Admin, referencing, inventory, renewal, check-out — banned. Money paid for a banned fee is usually recoverable, and a letter before action is the way to ask. Written free, today.
Alongside the money itself, courts may award simple interest on money you have been kept out of — commonly 8% a year under the County Courts Act 1984 — and the court fee is typically added to a successful claim. Interest is discretionary. The letter sets this out so the other side can see what ignoring it costs.
How people describe it when they reach us
The sorts of things people tell us. Illustrative, based on patterns in the cases that reach us.
Your legal rights when a letting agent charges banned fees
In England the Tenant Fees Act 2019 bans landlords and letting agents from requiring most payments from tenants beyond rent, a capped deposit and a short list of permitted charges. A prohibited payment can generally be recovered, and a term requiring one is not binding on the tenant.
ActTenant Fees Act 2019, s.1 and Schedule 1Most fees a landlord or agent charges a tenant are banned; only the payments listed in Schedule 1 are permitted.
Section 1 generally prohibits a landlord from requiring a tenant to make a prohibited payment in connection with a tenancy (section 2 applies the same rule to letting agents). Schedule 1 lists what is permitted — rent, a capped tenancy deposit, a capped holding deposit and a short list of specified charges — and anything outside that list is typically a prohibited payment that can be recovered. Schedule 2 sets out when a holding deposit must be repaid.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.62An unfair term in a consumer contract is generally not binding on the consumer.
Section 62 usually provides that a term is unfair if, contrary to good faith, it causes a significant imbalance in the parties' rights to the consumer's detriment. Non-refundable deposits, cancellation charges and one-sided small print may be examined against this test; courts typically look at how prominent the term was and whether the consumer had a real chance to see it.
Read it on legislation.gov.uk ↗Case lawContract law — breach of contractFailing to do what was paid for may amount to breach of contract.
A job, a purchase or a loan is typically analysed as a contract. If one side does not perform a central promise — work not done, money not repaid, goods not handed over — a court may find a breach and will then consider what loss flowed from it. The measure is normally the money you are out of pocket, proved with evidence.
This is general information about the law in England and Wales, not advice about your case. Which provisions apply, and how, depends on the facts.
Four things you'll hear. None of them end it.
The Act looks at what was paid for, not what it was called. A payment required in connection with a tenancy is prohibited unless it's on the permitted list. Renaming it doesn't move it onto the list.
A term requiring a prohibited payment is not binding. The Act says so directly. Signing does not make a banned fee lawful.
The ban covers landlords and agents alike. Whoever required the payment is who the letter goes to; often it's both.
For tenancies from 1 June 2019, and all tenancies from 1 June 2020, the ban applies. The dates on your agreement decide; the letter checks them.
Five things worth gathering now
The letter first. Court only if they ignore it.
Your side, your words
What happened, what was agreed, what you are out of pocket. We ask what a court would ask, so the letter says what a court would need to hear.
Written for you, free
A formal letter before action with a 14-day deadline, setting out what is owed and why. You see it at no charge. Posting it by tracked mail and watching the deadline is £15.
Court claim, prepared
If the deadline passes: one tap turns the letter into a small claim, drafted, checked and filed. The £15 comes off our fee. The decision is the court's.
What JustClaim is: we prepare and file the paperwork for your claim, for a fixed price shown before you pay. We're not a law firm, this isn't legal advice, and no outcome is ever guaranteed — what you get is the strongest honest version of your case, properly made.
Questions people in this exact spot ask
Which letting agent fees are banned?
Almost all of them: admin, referencing, inventory, check-in and check-out, renewal, credit checks, guarantor fees. Permitted payments are rent, a capped tenancy deposit, a capped holding deposit, a default fee for a lost key or late rent, and a few specified charges. Anything else required in connection with the tenancy is usually a prohibited payment.
Can I get banned fees back?
Usually, yes. A prohibited payment is recoverable, and the letter asks for it by a date. Trading standards can also fine the agent, but that is separate from getting your money.
I signed a contract agreeing to the fee.
A term that requires a prohibited payment is not binding. Signing it doesn't make the fee lawful.
Does this apply in Wales or Scotland?
Wales and Scotland have their own fee bans with different detail. This page is about England; tell us where the property is and we'll say what applies.
How much does it cost if it goes further?
If the letter is ignored, a court claim has a court fee set by the amount: £35 up to £300, £50 up to £500, £70 up to £1,000, £115 up to £3,000. If you win, the fee is normally added to what the other side is ordered to pay. Our fixed price is shown before you pay anything.
Is the letter really free?
Yes. Tell us what happened and the letter before action is written and shown to you at no charge. If you want us to post it by tracked mail and watch the 14-day deadline, that is £15, shown before you pay — and it comes off our fee if it later becomes a court claim.
Paid a fee that's banned?
Tell us what you paid and when. The letter before action is written free and shown to you today; posting it and watching the deadline is £15.
Write the letter — free →