What to do if you've been charged a prohibited payment, contact letters, who to complain to.
Since 1 June 2019, a landlord or letting agent is only permitted to charge tenants certain fees, which are:
- rent
- refundable tenancy deposit
- refundable holding deposit
- default fees (lost key or other security device, or unpaid rent)
- contract variation, assignment or novation (at tenant's request)
- early termination of tenancy (at tenant's request)
- council tax and utility bills
- television licence
- communication services
We have more information about permitted payments and the Tenant Fees Act 2019 guidance on GOV.UK explains these charges in more detail.
What to do if you've been charged a prohibited payment
If you think you've been charged a prohibited payment, first speak to your landlord or letting agent and write to them to ask for it to be returned. You can do this by email. Keep copies of the letters and emails that you send.
There are different letter templates below depending on what fee you've been required to make. They're examples, and you can write your own letter if you prefer.
Return of your holding deposit
You should only pay a holding deposit for a property when you're happy that you understand the referencing requirements and the terms of the tenancy and you're happy to proceed on that basis. You should ask to see a draft of the tenancy agreement before you pay a holding deposit.
If you withdraw from the application process before you sign the tenancy, you may lose your holding deposit. Your landlord can also retain your holding deposit if you provide false or misleading information, or fail a right to rent check. Further information is in the government tenant guidance and there's a flowchart on page 14 which explains how a holding deposit should be handled.
If you've paid a holding deposit and have not received it back, or it has not been put towards your first month's rent or tenancy deposit, send the document first stage holding deposit letter(14 KB) to your landlord or letting agent.
Default fees
You can be charged default fees if the tenancy agreement requires the payment, but only for:
- the late payment of rent, which is at least 14 days late
- replacing lost keys or security devices which give access to the property
There's a flowchart on page 20 of the government tenant guidance which explains when you can be charged a default fee.
If you think you've been incorrectly charged a default fee, send the document first stage default fees letter(15 KB) to your landlord.
Prohibited payments
If you think you've been required to make a payment which is not permitted by the Tenant Fees Act 2019, you can use this document first stage tenant fees template letter(14 KB) to write to your landlord or letting agent.
Second stage letter
If you don't receive a reply to your first letter or you don't receive your money back, send the document second stage reminder letter(27 KB) to your landlord or letting agent.
If the letters don't work
If the first stage and second stage letters don't work you should contact your local authority trading standards or housing team and provide them with copies of the letters or emails.
You can also:
- go to a First-tier Tribunal yourself
- contact a redress scheme if you're dealing with a letting agent
Get more help from the MHCLG tenant guidance.
Use the First-tier Tribunal
You could recover the payment using the First-tier Tribunal.
You'll need to submit evidence to support any application you make.
Complain to a redress scheme that deals with letting agents
If the unlawful payment has been taken by a letting agent, you can complaint to the relevant redress scheme.
All letting agents must:
- belong to a government approved redress scheme
- display the scheme information clearly on their website
If the scheme information isn't available, you should ask your letting agent which redress scheme they belong to. If they're not a member of a redress scheme, contact your local authority trading standards or housing team.
Tell us about any issues
NTSLAT welcomes all information about trading practices relating to letting agents and property managers. Contact us to tell us about any issues you have.
However, we do not:
- give consumer advice about individual cases
- get involved in disputes or complaints against businesses
We won't use your details unless you agree that we can.