Penalty fee

Penalty fee is a charge you add when a customer breaks agreed terms, for example pays late, cancels at short notice, or damages hired goods. In the UK this should not be a punishment: the amount needs to be reasonable and linked to your likely loss, admin time, or interest for late payment.

Keep it enforceable
Use clear, neutral wording such as ‘late payment charge’ or ‘liquidated damages’, and say how you calculate it. Purely punitive ‘penalties’ are unlikely to be enforceable under UK law.
With business customers, you can rely on statutory late‑payment interest and a fixed charge, or set fair contractual terms. With consumers, fees must be fair and transparent, and you should only charge what is proportionate to the breach; clarify this in your terms and on invoices.
What to set in your terms:
- The exact trigger for the fee (e.g. payment after the due date or short‑notice cancellation).
- How the fee is calculated (fixed amount, percentage interest, or a reasonable estimate of loss).
- When it is applied (per invoice, per booking, or per incident) and any caps.
- Whether VAT applies to the charge, as treatment can depend on the nature of the fee.
- How you communicate the fee and any grace or dispute process.
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