The Ban on Letting Agent Fees

On 23 November 2016 the Chancellor of the Exchequer announced that the Government would ban letting agent’s fees to tenants in England. The details of this announcement are still unclear but the Department for Communities and Local Government (DCLG) will consult ahead of bringing forward legislation.

We're a member of the Government’s Working Group that was set up to explore options to reduce costs for tenants who access and move within the sector. Before the announcement the Government did not engage with this group or the wider industry to get our views. 

Our Position

Our research shows that the average fee charged by an ARLA Propertymark Protected agent is £202 per tenant. We think is fair, reasonable and far from exploitative for the services tenants receive including completing various critical checks on tenants before letting a property.

We believe that the ban on fees will involve passing the costs on to landlords. Who will then look to recoup these costs elsewhere; inevitably through higher rents.

It will have a drastic impact on many people and businesses and to announce it without consultation or clarity is wrong. We do not support the banning of letting agents charging fees to tenants. We believe fees should be open, transparent and reasonable. They represent legitimate costs to business that need to be covered. Read our proposal...

Commenting on the announcement ARLA Propertymark CEO, David Cox said:

“A ban on letting agent fees is a draconian measure, and will have a profoundly negative impact on the rental market. It will be the fourth assault on the sector in just over a year, and do little to help cash poor renters save enough to get on the housing ladder. This decision is a crowd-pleaser, which will not help renters in the long-term. All of the implications need to be taken into account.”

Getting Members' Views Heard

After the announcement ARLA Propertymark CEO, David Cox spoke to the media to make sure members' point of view was being heard. On the day of the announcement he held six national news interviews including BBC Radio 4’s Today programme and BBC 5 Live.

We have written to the Chancellor and the Housing Minister explaining the the importance talking in person, as soon as possible to discuss how the ban will impact the industry.

We've also written to the First Minister in Wales requesting a meeting to ensure that the Welsh Government understand the evidence around fees after Assembly Members called for a ban in December.   

In January, the First Minister replied saying that the Welsh Government is yet to make a decision on banning letting agent fees. However, they will review the evidence that is currently available including assessing the impact of the ban in Scotland and look at the results of the consultation in England. We are continuing to engage with representatives from the Welsh Government.     

What Are We Doing for Members?

Gathering evidence

Following the announcement we asked for members feedback. Since then we have received hundreds of emails from members giving their views on how the ban will affect the industry.

Then as part of our monthly survey we gathered actual facts and figures from members to reinforce the anecdotal evidence we have received by email. To read a copy of our findings please check our housing research page.   

This evidence is crucial to forming a comprehensive argument for the industry.

Challenging Government

Behind the scenes we are making every effort to inform and influence politicians and officials at the Department for Communities and Local Government on the impact of the ban. It is essential we educate that government to the full range of practical implications that a ban would have.

Keeping members informed

We will be keep our members informed every step of the way through our website news and emails to members.

What’s Next?

On 19 January 2017, the Government announced that the consultation on banning letting agent’s fees to tenants will take place in March/April 2017.

As the consultation draws closer we keeping members in the loop so that they can have input into our collective response. We're also encouraging as many agents as possible to respond directly, to tell Government how a ban on fees will impact the private rented sector and your business.