This article is part of the "Tenant Rights in England" series, built on the legal framework presented in the overview article: "England's renting laws: what's already in force and what's coming next".

Each article in this series explains one major area of housing law, focusing on real-world situations, common letting agent practices, and the gap between what is demanded in practice and what the law actually allows.

This article covers point 2 from the legal list: the Tenant Fees Act 2019, the law that regulates what tenants can and cannot be charged, and which directly affects letting agents.

2) Tenant Fees Act 2019 - what fees are banned and what agents can still charge

The Tenant Fees Act 2019 was introduced to stop a widespread practice in England: multiple fees charged by letting agents before moving in, at renewal, or during a tenancy.

2.1 The core principle

Any fee charged to a tenant is unlawful unless it is explicitly permitted by law. Letting agents cannot invent fees or pass their business costs onto tenants.

2.2 Explicitly banned fees

Letting agents must not charge tenants for viewings, applications, referencing, credit checks, inventories, check-in or check-out, contract renewals, or general administration.

Example: a "contract processing fee" is unlawful regardless of how it is labelled.

2.3 Fees permitted by law

The law allows only rent, a capped tenancy deposit, a holding deposit, limited late-payment charges, reasonable costs for lost keys, and contract changes requested by the tenant.

2.4 Holding deposit

The holding deposit is capped at one week's rent and can only be retained in strictly defined circumstances.

2.5 Tenancy deposit

The deposit must be protected in an approved scheme. Letting agents often have direct responsibility for its handling.

2.6 Hidden fees

Renaming a fee does not make it lawful. The law looks at the substance, not the label.

2.7 Letting agent liability

Letting agents are directly responsible for unlawful fees, even if the landlord requested them.

2.8 Tenant remedies

Tenants can refuse payment, seek repayment, and report breaches to the local authority.

2.9 Why this still matters

Many agents continue to test the limits of the law. Knowing these rules shifts the balance of power back to the tenant.

This is the second thematic article in the series.