If you’ve received an invoice or notice with charges that seem excessive or unfair during your eviction, you’re not alone. Learning how to challenge unfair eviction fees UK can help protect your rights and potentially save you from paying costs you don’t legally owe. If you’re facing eviction-related charges, The Tenant Protection Scheme (TPS) should be your first call for legal support and guidance.
How To Challenge Unfair Eviction Fees UK: Know Your Rights
Eviction can be stressful enough without surprise fees being added on. In England and Wales, the law protects tenants from certain charges, especially if they are excessive or not clearly explained in your tenancy agreement. Under the Tenant Fees Act 2019, landlords and letting agents are restricted in what they can legally charge renters for.
Eviction-related costs that may be challenged include:
- High notice fees not listed in the tenancy agreement
- Charges for serving a Section 21 or Section 8 notice
- Unreasonable cleaning fees after moving out
- Admin fees for ending your tenancy early
If a fee isn’t permitted under the law, you don’t have to pay it. In fact, demanding a banned fee could put the landlord or agent at risk of a £5,000 fine.
Identifying When a Fee Is Unfair or Illegal
Before taking action, it’s important to double-check if the fee is truly unlawful or simply unexpected. For example, a landlord in England or Wales can claim for actual damages like unpaid rent, but they cannot charge you arbitrary admin or legal costs unless clearly allowed in your contract and under law.
To assess this, take these steps:
- Review your tenancy agreement: Is the fee mentioned? If not, it may be banned.
- Check the Tenant Fees Act 2019: This law outlines which fees are prohibited.
- Ask for a breakdown: Contact your landlord or agent and request details in writing.
Try to stay calm and clear in communication. Always keep copies of what’s said and sent.
Steps to Challenge an Unfair Eviction Fee Effectively
Once you’ve identified a potentially unfair charge, there are several practical steps you can take to dispute it:
- Gather evidence: This includes your tenancy agreement, any emails or letters, invoices, and bank statements. Keep everything organised and dated.
- Write a formal complaint: Contact the landlord or agent in writing. Explain why you believe the fee is unfair, refer to the relevant law, and request a withdrawal or refund.
- Use a letting agent redress scheme: If you’re dealing with an agent, they must belong to an approved complaints scheme like The Property Ombudsman or PRS. These organisations can step in to mediate disputes.
- Contact Trading Standards: If your landlord or agent ignores a legitimate complaint, you can report them to your local Trading Standards office.
- Apply to the First-tier Tribunal: For serious disputes over deposits or contract breaches, you may be able to take the case to a property tribunal.
The Tenant Protection Scheme (TPS) is a 24/7 tenant legal helpline offering affordable, solicitor-backed help for eviction defence, disrepair, harassment, rent arrears, deposit disputes, and on-the-day court support across the UK. Membership is £10/month. Learn more at The Tenant Protection Scheme (TPS).
In many cases, simply standing your ground and showing knowledge of your rights results in the fee being dropped. Support from a trusted legal service like TPS can strengthen your case from the beginning.
Common Pitfalls and How to Avoid Them
While standing up for your rights is important, there are a few things to be aware of along the way:
- Don’t ignore the issue: Avoiding the charge won’t make it disappear and may be taken as acceptance.
- Don’t pay under pressure: If you’re told the fee must be paid “immediately” to avoid eviction, seek advice first. Paying could compromise your position later.
- Be cautious of revenge evictions: Even though it’s illegal for landlords to evict as retaliation, it can still happen. If you’ve complained formally, the landlord often cannot serve a valid Section 21 notice for the next 6 months.
Knowledge is power. By staying informed, you protect not just your money but also your peace of mind.
Call The Tenant Protection Scheme today on 0330 633 0299 Don’t wait until it’s too late – start your protection now. For just a small monthly cost you get direct legal support from experts, with your membership active within 24 hours. Call us now to start your protection today.
Call Us Anytime on 0330 633 0299 or visit www.thetps.org for immediate advice.