Who pays the letting agent's fees in a tenancy?

In a residential tenancy, the landlord. Since May 2023 the law has placed the letting agency and contract formalisation costs on the landlord, whether a private individual or a company. Since 8 October 2026 it has added that these costs cannot be charged to the tenant either directly or indirectly, under any name. The tenant can only be charged for other services that are not needed to sign the agreement, if he or she has requested them in writing knowing beforehand that they are optional and how much they cost.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

What cannot be charged to the tenant

The law treats as letting agency and formalisation costs those of any service for preparing, signing, managing, changing or renewing the agreement. It makes no difference what they are called. Nor, therefore, can the tenant be charged, for example:

  • Charges for assessing the application or the tenant's creditworthiness.
  • Charges for drafting the agreement or handling the paperwork.
  • Fees for renewing the agreement or for an addendum changing its terms.

This also applies to temporary residential tenancies and to letting by rooms, which have been residential tenancies since 8 October 2026. When commercial premises are let, on the other hand, the parties can agree who pays.

Optional services

A service that is not needed to sign the agreement can only be charged to the tenant if he or she has requested it expressly and in writing, after being told that it was optional and how much it cost. If it is presented as a condition for getting the flat, it is not optional and cannot be charged.

If you have already paid them

  • You can claim them back from whoever charged them, the letting agent or the landlord. Keep proof of payment.
  • Make the claim in writing. Before you can bring a claim in court, the law requires an attempt to negotiate. If you are claiming up to 2.000 euros, you do not need a lawyer or a court agent (“procurador”).
  • If the letting agent charged them, you can also file a consumer complaint, in Catalonia with the municipal consumer information office or the “Agència Catalana del Consum”, the Catalan consumer agency.
  • If your agreement predates May 2023, the rule was different and your case should be reviewed.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.