Are Landlords Allowed to Charge More for Shared Facilities in Scotland?

If you’re renting a room in a shared property, HMO (House in Multiple Occupation), or as a lodger in Scotland, you might wonder whether your landlord can legally add extra charges for using communal areas, such as the kitchen, bathroom, or living room. Understanding what landlords can and cannot charge for is important for your rights and budgeting.

Shared Facilities in Scottish Rented Accommodation

In most shared rentals—especially in HMOs and lodgings—space such as corridors, kitchens, bathrooms, and lounges are communal. Under Scottish tenancy law, these shared facilities are typically included in the agreed rent and must be available for all tenants in the property. Your landlord is generally responsible for maintaining these spaces.

Can Landlords Legally Charge Extra for Shared Facilities?

Landlords in Scotland cannot arbitrarily add separate or hidden fees just for using shared facilities. The cost of using shared areas should be included in your basic rent as set out in your tenancy agreement. If your landlord includes a fee for shared spaces on top of your agreed rent, this is likely not permitted under the Private Housing (Tenancies) (Scotland) Act 2016.¹

• Permitted Charges: Your landlord can only charge you for your rent, a refundable tenancy deposit (typically capped at two months’ rent), and sometimes for services you agree to (such as cleaning, utilities, or internet) if stated upfront in the tenancy agreement.
• Prohibited Fees: Fees for the use of shared kitchens, bathrooms, lounges, or other communal facilities cannot be added as a separate mandatory charge.² These belong as part of the overall rent.

If you’re being asked to pay for access to shared spaces, this should be challenged. Renters are protected from unfair or hidden charging practices in Scotland.

Key Legislation Protecting Scottish Renters

The main law covering renters' rights about fees and charges is the Private Housing (Tenancies) (Scotland) Act 2016. It states that, except for rent, refundable deposits, or explicitly agreed service charges, landlords cannot demand other payments as a condition of your tenancy. Additional guidance is found in the Scottish Government's guide on the 2016 Act.

• All extra fees (such as for cleaning of shared areas) must be transparent and agreed in writing when you start your tenancy.
• If a landlord attempts to impose extra charges not stated in your contract, you have a right to refuse.

Who Regulates and Resolves Disputes?

If you have a dispute over unfair charges, you can request help from the Housing and Property Chamber of the First-tier Tribunal for Scotland. This tribunal decides landlord-tenant disputes about rent and unfair charges.

What to Do If You’re Charged Extra

If you believe your landlord is charging you illegally for shared facilities, take these action steps:

• Check your tenancy agreement for specific details on what the rent covers.
• Raise your concern in writing with your landlord using clear, respectful language. State you believe the charge is not permitted under Scottish law.
• If the issue is not resolved, you may submit a formal application to the First-tier Tribunal (Housing and Property Chamber).

To challenge a fee or a rent issue formally, you can use the official application forms provided by the Housing and Property Chamber. For example:

• Application Form: 'Application by a Tenant in respect of a Private Residential Tenancy—Civil Proceedings'. This form is used if you wish to raise a complaint about unlawful fees or charges. View and download the tribunal tenant application form.

Once submitted, the Tribunal will consider your case and may order the landlord to remove or refund the charge if it is found to be unlawful.

FAQ: Shared Facility Charges in Scotland

1. Can my landlord ask for a separate fee for the bathroom or kitchen if these are shared?
   No. Fees for basic use of shared spaces must be included in the rent and cannot be charged separately under Scottish law.
2. Is it legal for landlords to charge extra for cleaning shared areas?
   They can only do this if it’s clearly stated and agreed in your tenancy agreement. Surprise or ongoing cleaning fees without prior agreement are not allowed.
3. Where can I complain if my landlord demands extra money for using communal facilities?
   You can apply to the Housing and Property Chamber of the First-tier Tribunal for Scotland to challenge illegal or unfair charges.
4. What do I do if I already paid an unfair fee?
   You should first request a refund from your landlord in writing. If refused, apply to the Tribunal to seek recovery of your money.
5. Are utility bills for shared areas always included in the rent?
   Not always—utility and service charges can be added if they’re specified in your agreement. Check your tenancy contract.

Need Help? Resources for Renters

• mygov.scot: Private Rented Housing — Government resource for private tenants’ rights, including HMOs and shared housing.
• Housing and Property Chamber of the First-tier Tribunal for Scotland — The tribunal to handle landlord-tenant disputes about rent or charges.
• Citizens Advice Scotland: Renting a home — Free practical support and advice if you face unfair fees.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Government Easy Read Guide: Private Housing Tenancies Act 2016

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