Letting agency fees: what must the owner pay?
The agency fees payable by the owner cover letting the property, except for the application file, viewing, tenancy agreement and, in some cases, the incoming inventory, which may be shared with the tenant within strict caps. Everything else is payable by the landlord.
For residential lettings, the letting agency fees payable by the owner cover most of the letting fees: anything not included in the strictly limited list that may be shared with the tenant remains payable by the landlord. According to the authorities, only the tenant’s application fees, viewing fees, tenancy-agreement drafting fees and, in the case provided for the check-in inventory, certain fees related to that service may be shared between the two parties, within strict limits.
For an owner, the question is therefore not simply whether the agency charges fees, but which services are concerned, how they must be displayed, and how far the tenant’s share may go. For a year-round letting on the Alabaster Coast, Cabinet Soudey offers property management with its sister company PCG Gestion, within a regulated framework too.
Key points to remember
- The fees for drafting and distributing the advert, and more generally all fees other than the application file, viewing, tenancy agreement and incoming inventory, are paid by the owner.
- For viewing, application and tenancy agreement drafting fees, the tenant’s share cannot exceed both half of the fees charged and a ceiling per m² of habitable floor area.
- From 1 January 2026, this cap is €12.10 per m² in a very high-pressure area, €10.09 per m² in a high-pressure area and €8.07 per m² outside high-pressure areas.
- For the check-in inventory, when it is carried out by the tenant and the estate agent, the tenant's share may not exceed half the fees and €3.03 including VAT per m² of habitable floor area from 1 January 2026.
- An amicable and jointly conducted check-out report cannot be charged to the tenant.
What the owner pays alone
The basic rule is simple : the remuneration of the professional instructed to let a property is paid by the landlord, except for a few services specifically designated by the legislation.
In practice, this means that the owner pays all fees that do not correspond to:
- when compiling the tenant's application file;
- when viewing the property;
- when drafting the tenancy agreement;
- when carrying out the check-in inventory.
The authorities expressly include the drafting and distribution of the advert among the costs remaining payable by the landlord. This approach applies more broadly to intermediary or negotiation services related to letting. ANIL also reminds us that intermediary fees are payable exclusively by the landlord.
What can be shared with the tenant
Sharing is authorised only for certain specified items:
- viewing the property;
- compiling the tenant's file ;
- the drafting of the tenancy agreement;
- the check-in inspection, when it is carried out by the tenant and the estate agent.
The two cumulative limits for the share charged to the tenant must still be observed:
- it cannot exceed half the fees charged by the agency for the service concerned;
- it must also remain below a ceiling calculated per m² of living area.
The consequence is significant for the landlord: even when fees can be shared, a larger proportion may ultimately fall to them if the cap applicable to the tenant is reached before half the fees.
You can find the official details on letting agency fees.
The applicable caps in 2026
For viewing, application and tenancy agreement drafting fees, the cap on the share payable by the tenant depends on the property's geographical area. For the check-in inventory, a single cap applies throughout the country.
| Service | Highly pressured area | Area under pressure | Outside rent pressure zones |
|---|---|---|---|
| Viewing, file, drafting of the tenancy agreement | €12.10 incl. VAT per m² | €10.09 incl. VAT per m² | €8.07 incl. VAT per m² |
| Check-in inventory | €3.03 incl. VAT per m² | €3.03 incl. VAT per m² | €3.03 incl. VAT per m² |
These amounts apply from 1 January 2026. ANIL specifies that these are maximum amounts per type of service, and not a freely chargeable flat fee for the tenant.
How to calculate the tenant’s share, and therefore the amount remaining to be paid by the landlord
For shareable costs, the calculation is always made in two stages:
- half of the fees charged for the service concerned is taken;
- this amount is compared with the legal ceiling per m².
The tenant pays the lower of the two amounts. The landlord pays the balance.
Example in a highly rent-controlled area
For a 25 m² property, if the agency charges €500 including VAT for the application, viewing and lease-drafting fees, half represents €250. The tenant cap is 25 x €12.10, or €302.50. The tenant therefore pays €250 and the owner €250.
Example in a rent-controlled area
For a 25 m² property and €400 including VAT in fees, half represents €200. The tenant cap is 25 x €10.09, or €252.25. The tenant pays €200 and the owner €200.
Example outside rent-controlled areas
For a 25 m² property and €300 including VAT in fees, half represents €150. The tenant cap is 25 x €8.07, or €201.75. The tenant pays €150 and the owner €150.
The special case of the check-in and check-out inventory
The check-in report follows a similar rule, with its own ceiling. When the check-in report is carried out by the tenant and the estate agent, the tenant’s share may not exceed:
- half of the fees charged;
- and €3.03 incl. VAT per m² of living area from 1 January 2026.
Example: for a 25 m² dwelling, with an entry inventory of fixtures charged at €170 including VAT, half of the fees amounts to €85, while the cap applicable to the tenant is €75.75. The tenant therefore pays €75.75 and the landlord €94.25.
For the amicable and jointly conducted check-out inventory, the rule is different: the tenant does not have to pay any fees. A tenancy agreement clause charging the tenant for this amicable check-out inventory is unfair and must be treated as unwritten.
If an amicable and joint inspection cannot be carried out, the intervention of a judicial officer is provided for. On both entry and exit, the fees charged by the judicial officer are then shared equally between the tenant and the landlord.
Tenancy renewal and property management
A new sharing of costs may also arise when the tenancy is renewed if the agency draws up a new tenancy agreement. The administration refers to this situation when the rent is increased because it was undervalued, or when the terms of the original tenancy are changed.
In this situation, the costs of drawing up the new tenancy agreement are shared according to the same twofold limit as for the initial letting:
- no more than half of the costs for the tenant;
- and no more than the ceiling per m² applicable to the area.
However, rental management is not subject to these tenant caps. When an owner entrusts the management of their property to an agency through a management mandate, the corresponding fees are payable by the owner. Service-Public.fr gives, for example, finding a tenant or sending rent receipts. Rental management fees are freely set by the agency.
For a year-long residential tenancy, you can also consult this information on property management in Veules-les-Roses.
The agency’s display obligations
The agency sets its fees freely, but must make them visible and understandable. The maximum price for each service must be displayed:
- when moving into the premises;
- from outside, on the agency’s shop window;
- on each advertising display located outside the agency;
- on online listing sites.
These maximum prices must be displayed inclusive of VAT. For each service, the estate agency must also indicate who is responsible for paying it. When the maximum price depends on the rent, the display must make it possible to calculate it, particularly by price bands.
ANIL also points out that the professional must distinguish each service, particularly letting on the one hand and the inventory on the other.
Further information can be found in ANIL's analysis.
The floor area used for the calculation
The caps are calculated based on the living area. This area corresponds to the floor area, after deducting walls, partitions, steps and stairwells, shafts, and door and window recesses.
Certain areas are not counted, including:
- unconverted loft spaces;
- cellars ;
- basements;
- discounts;
- garages;
- terraces;
- loggias;
- balconies ;
- outdoor drying areas;
- verandas;
- communal areas;
- outbuildings;
- spaces where the height is less than 1.80 metre.
Frequently asked questions
Which agency fees cannot be charged to the tenant ?
The tenant cannot be charged any fees other than those for the viewing, compiling the application, drawing up the tenancy agreement and, for the check-in inventory, where this is carried out by the tenant and the estate agent. Advertising, brokerage and tenant-finding fees remain payable by the landlord.
Does the owner pay at least as much as the tenant ?
Yes for shared services: the tenant’s share may not exceed half of the fees charged or the applicable ceiling per m². The landlord pays the balance, which is therefore at least equal to the tenant’s share. The other costs are entirely payable by the landlord.
Can the exit inventory be charged to the tenant?
For an amicable and jointly conducted check-out inventory, the tenant does not have to pay any fees. If this type of inventory is not possible and a bailiff intervenes, the fees are shared equally between the tenant and the owner.
How to know whether the property is in a tense or non-tense area ?
The zoning depends on the municipality where the property is located. As this classification determines the cap for €12.10, €10.09 or €8.07 per m², the official zoning must be checked before allocating the fees.
Can property management fees be shared with the tenant ?
No, not for the property management itself. When a management mandate is signed, the corresponding fees are payable by the owner, with the agency freely setting its rates for this activity.
Sources
Good to know. The content of the articles may contain errors, omissions or information that has become inaccurate since the date of publication, despite the checks carried out. It is provided for purely informational purposes: it does not replace the advice of a notary, solicitor, chartered accountant or property professional, and the firm accepts no liability in the event of incorrect information. For your situation, rely on the official sources cited or contact us.
