Advance Rent Rules for Tenants in Scotland

Understanding how much advance rent your landlord can ask for is vital if you’re renting in Scotland. Scottish law sets strict rules on advance rent—ensuring you aren’t pressured to pay more than necessary or left out of pocket if things change. This guide explains your rights as a tenant regarding advance rent in Scotland, breaks down what landlords can lawfully request, and what steps you can take if there’s a problem—all without legal jargon.

What Is Advance Rent?

Advance rent is any amount paid upfront to a landlord, usually covering your first month’s tenancy. It’s different from a tenancy deposit, which is a separate protection against damage or unpaid rent. In Scotland, the law clearly limits what can be required as advance rent and how it must be handled.

How Much Advance Rent Can Be Charged in Scotland?

Under Scottish law, landlords can only ask for up to one month’s rent in advance. This rule is designed to keep moving costs fair and prevent renters from facing upfront demands beyond their means. Asking for more is considered an illegal premium—something you can formally challenge.

• Landlords cannot legally require more than one month’s rent before you move in.
• Any demand for extra months (sometimes called ‘advance payments’) is prohibited by the Private Housing (Tenancies) (Scotland) Act 2016, Section 89.¹
• If additional amounts have been paid, you have the right to request a refund through official routes.

Advance Rent vs. Tenancy Deposit

It’s important to know the difference:

• Advance Rent: Pre-payment for your first rental period (usually the first month).
• Tenancy Deposit: A separate sum (up to two months’ rent) held securely by an approved deposit scheme as protection against damage or unpaid rent.

Landlords must use a government-approved tenancy deposit scheme for your deposit—not for holding advance rent. You can learn more about protected deposits on the Scottish Government's tenancy deposits page.

When Should You Pay Advance Rent?

Advance rent is typically requested just before you receive the keys—often on the day you sign your tenancy agreement. Make sure your landlord provides written details of any payments requested, including what each amount covers. Never pay more than one month's rent in advance.

If You’re Asked to Pay More than One Month’s Rent

If your landlord or letting agent asks for more than one month’s rent upfront, it’s important to know what to do. This is considered charging an illegal ‘premium’ under Scottish law and is not allowed.

Here’s what you should do if you’re asked for a higher advance:

• Politely inform your landlord, in writing, that requesting more than one month’s rent in advance is illegal in Scotland.
• If they persist, you can seek support from your local council or from advice services (see resources below).
• You may also apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), the independent body handling tenancy disputes.

Official Form: Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)

• Form Name: Application under Rule 111 – Civil Proceedings (Other than Group or Multiple Proceedings) (download form)
• When & How to Use: If you’ve been charged an illegal premium or excess advance rent, complete this form and submit it to the Tribunal with evidence of payment and correspondence.
• Practical Example: A tenant pays two months’ rent in advance as requested by a letting agent. After learning only one month can be lawfully requested, the tenant completes the Rule 111 application to reclaim the overpayment.

Find full guidance at the First-tier Tribunal for Scotland (Housing and Property Chamber) website.

Refunds, Disputes, and Common Scenarios

In summary, you’re entitled to a refund if you’ve paid more than one month’s rent in advance. Disputes about advance rent should be directed to the Housing and Property Chamber using the appropriate forms, with evidence such as receipts or bank records.

• Gather all written communication, receipts, and bank statements showing what you paid and when.
• Contact your landlord or letting agent first to resolve the issue directly if possible.
• If not resolved, submit the application form to the Tribunal, who will review the case and may order a refund.

FAQs: Advance Rent for Scottish Renters

1. Can my landlord ask me to pay six months’ rent upfront in Scotland?
   No—Scottish law only allows landlords to request one month’s rent in advance. Asking for more is an illegal premium and can be reclaimed.
2. What’s the difference between an advance rent payment and a deposit?
   Advance rent covers your first rental period; a deposit is held separately in an approved scheme as a security for the property.
3. How can I claim back an illegal premium I already paid?
   Complete and submit the Rule 111 application form to the First-tier Tribunal for Scotland (Housing and Property Chamber), attaching evidence of payment.
4. Do advance rent payments have to be protected by a deposit scheme?
   No—only deposits are required to be held in a government-approved deposit scheme. Advance rent is a direct payment for initial rent, not a refundable security deposit.
5. Whom should I contact if my landlord refuses to refund extra advance rent?
   If your landlord won’t refund an illegal premium after you’ve requested it in writing, contact your council’s housing department or the Housing and Property Chamber for formal action.

Key Takeaways for Renters

• Your landlord cannot legally request more than one month’s rent in advance in Scotland.
• If you’ve been asked for, or have paid, more than one month’s advance rent, you have a clear right to reclaim the extra.
• Use the official Tribunal application form and seek advice from support services if needed.

Being aware of your advance rent rights makes renting in Scotland safer and fairer for everyone involved.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – submit complaints, disputes, and claim back illegal premiums.
• Scottish Government: Tenant's Rights in Private Rented Housing – comprehensive information for all renters.
• Citizens Advice Scotland – Renting Privately – free, impartial advice to help with tenancy issues.
• Your local council’s housing department can assist with disputes or report illegal premiums.

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1. Private Housing (Tenancies) (Scotland) Act 2016, Section 89 – Premiums and advance payments
2. First-tier Tribunal for Scotland (Housing and Property Chamber) – Official site
3. Scottish Government: Tenancy Deposits
4. Citizens Advice Scotland – Renting Privately

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