UKMy landlord uses a letting agent who charges fees. Is this legal?
No, since 1 June 2019, letting agents in England are banned from charging most fees to tenants under the Tenant Fees Act 2019 — the Housing Act 1988 does not authorise such fees.
What the Law Says
The legality of letting agent fees is governed by the Tenant Fees Act 2019 — not the Housing Act 1988. The Housing Act 1988 s. 1 defines an assured tenancy but contains no provision authorising or regulating letting agent fees.
The Tenant Fees Act 2019 (TFA 2019) bans most payments from tenants in England, including fees charged by letting agents acting on behalf of landlords. This applies to all new and renewed tenancies from 1 June 2019, and to all existing tenancies from 1 June 2020.
Permitted payments are strictly limited — e.g., rent, refundable tenancy deposit (capped at 5 weeks’ rent), holding deposit (capped at 1 week’s rent), and payments for utilities, council tax, or broadband — provided they are clearly specified in the tenancy agreement.
Charging a prohibited fee is a civil offence. Each breach can attract a financial penalty of up to £5,000. Repeated breaches may lead to criminal prosecution and a fine of up to £30,000.
If a landlord or agent takes a prohibited payment, they must repay it within 28 days of demand — or face enforcement action. Local authority trading standards officers enforce the Act.
Statutory Text— Housing Act 1988, s. 1 — Assured tenancies
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.