Can My Landlord Add Extra Fees? Your Rights in Scotland

If you rent a home in Scotland, understanding your rights about extra fees is vital. Sometimes landlords try to add unexpected costs for things like admin, utilities, or maintenance, but strict Scottish laws protect tenants from unfair charges. Here’s what you need to know—and what you should do—if your landlord tries to impose surprise fees.

Are Extra Fees Legal in Scottish Rentals?

In Scotland, most private renters have either a Private Residential Tenancy or, if the tenancy began before December 2017, an Assured Tenancy. Under both, it is usually illegal for landlords to charge fees or premiums on top of rent and deposit. This includes charges for things like:

• Setting up or renewing your tenancy
• Inventory or check-in/check-out fees
• Late payment/admin fees beyond reasonable interest

Charging any extra fee (sometimes called a ‘premium’) is generally prohibited under the Rent (Scotland) Act 1984, Section 82. The only permitted upfront payments are:

• Rent
• Refundable Tenancy Deposit (capped at no more than two months’ rent)

Read more at the official Scottish Government guide on illegal fees.

What Counts as a Surprise Fee or Illegal Charge?

A surprise fee is any charge you weren’t told about and didn’t agree to in your written tenancy agreement. Even if written in your contract, extra premiums (like letting agent admin charges) are not enforceable under Scottish legislation. Utilities (like gas, electricity, and council tax) are typically your responsibility only if clearly stated in the contract and handled at cost, not for profit.

How to Respond If Your Landlord Adds Surprise Fees

Follow these steps if you’re faced with an unexpected charge:

• Check your tenancy agreement: Review your contract and any written communications.
• Refer to the Scottish Government’s official guidance on fees.
• Contact your landlord in writing, explaining you understand extra fees are generally not permitted under Scottish law.
• Request a written explanation for the charges and reference the Rent (Scotland) Act 1984.
• If the landlord insists, you can escalate the issue through the First-tier Tribunal for Scotland (Housing and Property Chamber).

Official Forms You May Need

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)
  Form name: Application under Rule 111 – Civil Proceedings
  When to use: If you seek to recover illegal fees or dispute a charge, use this form. For example, if your landlord asks for a £100 administration fee you believe is unlawful, complete this form to make a claim.
  Official Tribunal Application Forms
• Complaint to Local Council Environmental Health (if related to property conditions or unlicensed landlord)
  Use: If the fee relates to services or conditions at the property, notify your local council.
  Find Your Council's Private Rented Services

What Is the Tribunal and How Do I File?

Disputes about illegal fees are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). To file a complaint:

• Gather evidence (emails, contracts, receipts)
• Fill out the relevant application form (see above)
• Send the form and evidence to the Tribunal (by post, or email as detailed on their site)
• The Tribunal is free and independent; you do not need a solicitor

Guidance and full instructions are on the official Housing and Property Chamber website.

FAQ: Surprise Fees and Your Rights

1. Can my landlord charge an admin or renewal fee?
   No. Under Scottish law, landlords and letting agents cannot charge admin, renewal, or other upfront fees—only rent and a capped deposit are allowed.
2. What if my tenancy agreement mentions an extra fee?
   Even if the contract lists a fee, it’s not enforceable if it’s not permitted by law. Scottish rulings override contract terms on illegal fees.
3. Will I be evicted if I refuse to pay a surprise charge?
   It’s unlawful for landlords to evict tenants for refusing an illegal fee. Any eviction must follow legal process as set by the Private Housing (Tenancies) (Scotland) Act 2016.
4. Where do I go if my landlord won’t refund an illegal fee?
   You can apply free to the First-tier Tribunal for Scotland (Housing and Property Chamber) to claim a refund.
5. Are utility bill charges considered illegal fees?
   If charges are for actual consumption and agreed in the tenancy, they are generally allowed. Extra markups or unexplained admin charges are not.

Conclusion: What Every Renter in Scotland Should Know

• Landlords cannot legally charge extra or surprise fees beyond rent and an approved deposit.
• Always check your tenancy agreement—but remember, law overrides contract terms.
• Use the First-tier Tribunal for Scotland if your landlord refuses to remove or refund illegal charges.

Knowing your rights as a renter helps you stand up to unfair fees and get the support you deserve.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Free official dispute resolution
• Scottish Government: Guide to Tenant Charges
• Shelter Scotland: Illegal Fees and Deposits
• Citizens Advice Scotland: Renting and Fees

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1. Rent (Scotland) Act 1984, Section 82 – Premiums and fees
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government: Tenant Charges Overview
5. Scottish Local Council Private Rented Registers

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