What is a letter before action?

A letter before action (LBA) is a formal notice sent before starting court proceedings. It sets out your claim, the legal basis (e.g. Consumer Rights Act 2015, Housing Act 1988), the remedy you seek, and a deadline to respond — typically 14 days. Civil Procedure Rules require this step before most court claims, and courts take a dim view of parties who skip it.

Can I write my own legal letter?

Yes. You do not need a solicitor to write a legal letter. What matters is citing the correct legislation, stating your claim with precise dates and amounts, and giving a clear deadline. A well-drafted letter citing the right Act and section often resolves disputes without court proceedings — and costs nothing extra to send.

Does a legal letter actually work?

In many cases, yes. Most businesses, landlords, and employers respond when they receive a formally worded letter that cites specific legislation and mentions court or tribunal proceedings as the next step. It signals you know your rights and are prepared to escalate — which is often enough to get a resolution.

What UK legislation covers consumer complaints and refunds?

The Consumer Rights Act 2015 is the primary law. Section 9 requires goods to be of satisfactory quality; section 20 gives you the right to a full refund within 30 days if goods are faulty. For services, section 49 requires reasonable care and skill. For distance/online purchases, the Consumer Contracts Regulations 2013 give you a 14-day cooling-off period.

30 August 2026

Charged a Letting Agent Fee? Most Are Now Banned — How to Get Your Money Back (UK)

For years, renting a home in England came loaded with fees: an “admin” charge here, a referencing fee there, a fee to renew the tenancy, another to leave. Most of that is now illegal. Since the Tenant Fees Act 2019, a letting agent or landlord can only charge you a short list of permitted payments — and if they charged you something outside that list, you can get it back. Many renters paid these fees without realising they were banned. Here is exactly what is and is not allowed, and how to reclaim what you should never have paid.

General information for England — Wales, Scotland and Northern Ireland have separate rules (covered at the end). Not legal advice. Current as at August 2026 — always check the current position before you act.

The core rule: under the Tenant Fees Act 2019, any payment a landlord or agent requires from a tenant in connection with a tenancy is banned unless it is on a short list of permitted payments. If it is not on that list, it is a prohibited payment — and you are entitled to have it repaid.

Which fees are banned

The ban covers almost every “extra” a tenant used to be asked for. If you were charged any of these to set up, continue or end a tenancy in England, it was almost certainly unlawful:

Administration or “set-up” fees;
Referencing and credit-check fees;
Inventory fees and check-in / check-out fees;
Renewal fees for signing a new fixed term;
“Professional cleaning” fees demanded as a condition of the tenancy (you cannot be forced to pay for cleaning beyond returning the property in the condition you took it, fair wear and tear aside);
Guarantor-arrangement fees; and
being required to buy insurance or services from a company the agent chooses.

What a landlord or agent can still charge

The list of permitted payments is deliberately short:

Rent;
a refundable tenancy deposit, capped (see below);
a refundable holding deposit of no more than one week’s rent;
default charges — only for late rent or a lost key/security device, and strictly limited (see below);
a charge if you ask to change or transfer the tenancy (capped at £50, unless the landlord can evidence higher reasonable costs);
a payment if you end the tenancy early — capped at the landlord’s actual loss (broadly, the rent until it is re-let); and
council tax, utilities, TV licence and communications (phone/broadband) where genuinely payable under the tenancy.

Deposit caps: know the numbers

Two caps catch a lot of unlawful over-charging:

Tenancy deposit: no more than five weeks’ rent where the annual rent is under £50,000 (six weeks’ rent if the annual rent is £50,000 or more). Anything above that is a prohibited payment and the excess must be repaid.
Holding deposit: no more than one week’s rent. You pay it to reserve a property while checks are done — it is not a fee, and it must either count towards your first rent/deposit or be repaid.

A holding deposit normally has to be dealt with within 15 days of you paying it (or a longer period you agree in writing). If you go ahead, it counts towards your rent or deposit; if the deal falls through, it must be repaid within 7 days. An agent can only keep it in limited cases — for example if you fail a Right to Rent check, pull out, or gave false or misleading information — and even then they must give you the reason in writing within 7 days, or repay it.

Default fees are tightly limited — not a blank cheque

The only “default” charges allowed are for late rent and a lost key or security device. Interest on late rent is capped at 3% above the Bank of England base rate and can only be charged once the rent is at least 14 days overdue. For a lost key, the agent can only recover the actual, reasonable cost — and must show you the receipt if you ask. A flat “£50 admin charge” for a late payment or a lost key is not lawful.

What it costs a landlord or agent who breaks the rules

This is not a toothless rule. Enforcement is by your local council’s Trading Standards, and the penalties are real:

A first breach is a civil offence with a penalty of up to £5,000.
A repeat breach within five years can bring a penalty of up to £30,000, or criminal prosecution — and can count towards a banning order against the landlord or agent.

Separately, the rules on renting have tightened further: under the Renters’ Rights Act 2025, from 1 May 2026 a landlord or agent can no longer demand large sums of rent in advance — rent up front is now capped at one month. And deposit protection is now a precondition for a landlord obtaining possession in most cases. If an agent is leaning on you for several months’ rent up front or an oversized deposit, that too may be unlawful.

How to get your money back

You do not have to write off a fee you should never have paid. The practical route is:

Write to the agent or landlord setting out the exact charge, the date you paid it, and that it is a prohibited payment under the Tenant Fees Act 2019, and ask for it back by a clear deadline. Many agents repay once they realise a tenant knows the law — and the letter creates the paper trail you need if they do not.
Report it to Trading Standards at the local council. They can investigate and impose the penalties above — agents take that seriously.
Apply to the First-tier Tribunal (Property Chamber). Under the Act you can ask the tribunal to order repayment of a prohibited payment or an unlawfully withheld holding deposit. The tribunal can order the money repaid within a short window it sets, and its order can be enforced like a court order.

Act reasonably promptly — an unlawful fee is a debt the agent owes you, and leaving it for years can weaken your position, so it is best to raise it as soon as you realise. If a letting agent belongs to a redress scheme (The Property Ombudsman or the Property Redress Scheme), that is a further route for a complaint.

Do not let “that’s just how it works” put you off

Some agents still quote banned fees as if they were normal, especially to renters who have not rented before. If a charge is not rent, a capped deposit, or one of the narrow permitted payments above, you are within your rights to refuse it — and to reclaim it if you already paid. Putting it in writing, calmly and specifically, is usually all it takes to get taken seriously.

Getting the letter right

A clear written demand is what turns a “that’s our standard fee” brush-off into a formal request the agent has to answer. A good letter names the exact charge and amount, states that it is a prohibited payment under the Tenant Fees Act 2019, asks for repayment by a specific date, and makes clear that you will report it to Trading Standards and apply to the tribunal if it is not repaid. It also gives you the evidence trail you need if it goes further.

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This guide covers England. Wales has its own near-identical ban under the Renting Homes (Fees etc.) (Wales) Act 2019 (in force since 1 September 2019), with a one-week holding-deposit cap and recovery through the courts. In Scotland, charging tenants any fee beyond rent and a refundable deposit has been unlawful for years (an illegal “premium” under the Rent (Scotland) Act 1984, as extended to letting agents), and tenants reclaim through the First-tier Tribunal for Scotland (Housing and Property Chamber). Northern Ireland has no general ban on letting-agent fees — the position is weaker and you should take local advice (Housing Rights NI), though the Private Tenancies Act (NI) 2022 caps deposits at one month’s rent. Sources: Tenant Fees Act 2019 and gov.uk guidance; Renters’ Rights Act 2025; Renting Homes (Fees etc.) (Wales) Act 2019; Citizens Advice; Shelter. Current as at August 2026. General information, not legal advice — check the current position before you act.