Letting agents hold a lot of your money — holding deposits, tenancy deposits and fees — and they don't always play fair. They keep a holding deposit when they shouldn't, charge fees that have been banned for years, or fail to protect your deposit and then stall when you ask for it back.
Tenants have strong statutory rights here, and the county court is the place to enforce them.
Your Rights: the Tenant Fees Act 2019 bans most tenant fees and requires holding deposits to be returned; and the tenancy deposit rules require your deposit to be protected in an approved scheme. Break these, and you can claim your money back — and sometimes a penalty on top.
When You Can Claim Against a Letting Agent
- They kept your holding deposit without a valid reason
- They charged banned fees — admin, referencing, inventory or renewal fees
- They failed to protect your tenancy deposit or give you the prescribed information
- They made unjustified deductions from your deposit at the end of the tenancy
- They breached the service you were promised and you lost money as a result
Get your deposit and fees back
JustClaim turns your situation into a properly drafted county court claim and files it online. No solicitor needed.
Start Your Claim NowHow to Claim: Step by Step
Pin down what you're owed. The holding deposit, any banned fees you paid, or the deposit and any penalty for non-protection.
Gather evidence. Your tenancy or reservation agreement, receipts, bank statements, the deposit protection certificate (or its absence), and your correspondence.
Send a letter before action. Set out what you're owed and give a deadline before issuing proceedings.
File your claim. If they refuse, file an N1 at the county court for the money owed, any penalty, interest and the court fee.
What You Can Claim
- Your holding deposit or wrongly withheld tenancy deposit
- Banned fees you were charged
- A deposit-protection penalty of one to three times the deposit, where it wasn't protected
- Interest and the court fee
Frequently Asked Questions
Can I sue a letting agent?
Yes. You can take a letting agent to the county court for keeping a holding deposit you should have got back, charging banned fees, failing to protect your tenancy deposit, or poor service that breached your agreement. Most claims are small claims, so no solicitor is needed.
The agent won't return my holding deposit — can I claim it?
Usually yes. Under the Tenant Fees Act 2019 a holding deposit must normally be refunded within 7 days unless a limited exception applies (for example you gave false information or withdrew). If the agent keeps it without a valid reason, you can recover it in the county court.
What about banned tenant fees?
Since the Tenant Fees Act 2019, most fees charged to tenants in England — admin fees, referencing fees, inventory fees, renewal fees — are banned. If you were charged a prohibited payment, you are entitled to it back and can claim it in the county court if the agent won't refund it.
My deposit wasn't protected — what can I claim?
A landlord or agent must protect your deposit in a government-approved scheme and give you the prescribed information, usually within 30 days. If they didn't, a court can order the deposit returned plus a penalty of between one and three times the deposit. This is a recognised claim in the county court.
How much does it cost to take a letting agent to court?
Court fees start at £35 for claims up to £300 and rise with the amount claimed. The fee is added to your claim and recovered from the agent if you win. The small claims track is designed to be used without a solicitor.