Why it matters
What Tenant Fees Act 2019 means for a landlord
Fee bans are still actively policed. A prohibited payment in an agent’s onboarding invoice, such as an admin or referencing fee, can be recovered by the tenant through the First-tier Tribunal, and whoever required the payment, landlord or agent, can be penalised. Checking an agent’s tenant charges once a year is a quick way to keep your lets out of it.
Worked example
How it plays out
In 2026 a letting agent in Manchester charges a new tenant a £250 “admin and referencing fee” for Maria’s flat. That is a prohibited payment. The tenant complains to Trading Standards and applies to the First-tier Tribunal, which can order the £250 to be repaid. The council can impose a penalty of up to £5,000, rising to £30,000 or prosecution for a further breach within five years. Maria now checks her agent’s tenant fee schedule every year.
Common mistakes
Where landlords go wrong
- 01Letting an agent charge tenants anything not on the permitted list.
- 02Charging a renewal or admin fee under a different name.
- 03Taking more than one week’s rent as a holding deposit: the excess is a prohibited payment.
- 04Assuming only the agent can be penalised, when a landlord who requires a prohibited payment is also in breach.
What to do
A short checklist
- Ask your letting agent for their tenant charges and check each one.
- Keep holding deposits to one week’s rent and refund or apply them within the deadline.
- Refund any prohibited payment you find.
- Put a term in your agency agreement requiring compliance with the Act.
Sources
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
