UKCan I claim back unfair letting agent fees in small claims court?
Yes, you can claim back unfair letting agent fees in the UK small claims court if they breach the Tenant Fees Act 2019. Claims must be made within 6 years of payment.
What the Law Says
The Tenant Fees Act 2019 bans most upfront fees charged to tenants in England and restricts deposits and holding deposits. It applies to all new and renewed tenancies from 1 June 2019, and to existing tenancies from 1 June 2020.
Under the Tenant Fees Act 2019, landlords and letting agents in England cannot charge tenants prohibited fees — including administration fees, referencing fees, or inventory fees — unless specifically permitted by law. Permitted payments are limited to rent, deposits (capped at five weeks’ rent), holding deposits (capped at one week’s rent), and default fees for late rent or lost keys.
The Act makes any contract term requiring a prohibited fee 'not binding' on the tenant, meaning you’re not legally required to pay it — and if you did, you have a statutory right to repayment. Section 4(1) states: 'A term of a tenancy agreement which requires the tenant to make a prohibited payment is not binding on the tenant.'
Trading Standards enforce the Act and can fine agents up to £5,000 per offence; repeat offences may lead to unlimited fines or a banning order. You don’t need Trading Standards action to pursue repayment — you can go directly to court under civil law.
Statutory TextA term of a tenancy agreement which requires the tenant to make a prohibited payment is not binding on the tenant.
— Tenant Fees Act 2019, section 4(1)
What to Do
Check your tenancy agreement and receipts to identify any prohibited fees paid after 1 June 2019 (or 1 June 2020 for existing tenancies).
Write a formal 'letter before claim' to the agent (and/or landlord), demanding repayment within 14 days — keep proof of postage or email receipt.
If unpaid, issue a claim online via the HM Courts & Tribunals Service Money Claim Online (MCOL) service — the small claims track covers claims up to £10,000.
Prepare evidence: tenancy agreement, bank statements, receipts, correspondence, and a copy of your letter before claim.
Attend the hearing (if required) or receive judgment in writing — courts often decide based on documents alone in small claims.
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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: 2026-10-11.