Many renters in Scotland find unexpected letting agent fees confusing and stressful. This guide explains how tenants can check whether a fee is lawful, gather evidence, ask for refunds or reductions, and make formal complaints using official forms and the First-tier Tribunal when needed. It covers timelines, what to include in letters or emails, and practical examples of fee disputes such as inventory charges or referencing costs. The steps are written for people without legal training and show when to involve local enforcement or the Scottish tribunal system. Keep records, act promptly, and use the right forms to improve your chance of success.
Why letting agent fees may be unlawful in Scotland
Scotland introduced strong limits on tenant fees through the Tenant Fees (Scotland) Act 2019, which bans many charges that letting agents sometimes ask tenants to pay[1]. Your private tenancy is also governed by the Private Housing (Tenancies) (Scotland) Act 2016, which sets out landlord and tenant rights and responsibilities[2]. If a charge appears to breach these rules, you can ask for a refund and, if necessary, raise a formal dispute.
Common fees you may see
- Holding deposits and reservation fees charged when you apply for a tenancy.
- Reference, credit check or administration fees billed to the tenant.
- Inventory or checkout fees levied at move-out.
- Duplicate key, replacement document or arbitrary registration fees.
What evidence to gather
- Records of payments, receipts and bank statements showing the fee and date paid.
- Copies or photos of your tenancy agreement and any written terms that mention fees.
- Emails, text messages or adverts where the fee was described or requested.
- Dates and times of conversations, viewings, offers and payments to establish a timeline.
How to challenge a fee — plain steps
Start by asking the letting agent to explain the charge and provide a refund if it appears banned. Send a clear written request (email or letter) that states the fee amount, date paid and the legal reason you believe it is not allowed. If the agent refuses or ignores you, follow the agent's formal complaints process and keep a copy. If internal complaints fail, you can escalate to the Letting Agent Registration or the First-tier Tribunal (Housing and Property Chamber) for determination[3].
FAQ
- Can a letting agent charge tenants in Scotland?
- Most tenant fees are banned under the Tenant Fees (Scotland) Act 2019, so many common letting agent charges should not be passed on to tenants.
- What should I do first if I was charged an illegal fee?
- Ask the agent in writing for a refund, include proof of payment and a clear reference to the law or tenancy term you believe was breached, and keep copies of everything.
- When should I involve the First-tier Tribunal?
- If the letting agent refuses to refund an unlawful fee and internal complaints or registration routes do not resolve the issue, you can apply to the First-tier Tribunal (Housing and Property Chamber) for a decision.
How-To
- Check whether the charge is clearly a tenant fee banned by the Tenant Fees (Scotland) Act 2019.
- Write to the agent asking for a refund, include payment proof and state the date you paid.
- If you get no satisfactory reply, submit a formal complaint to the letting agent and request a written outcome.
- If the complaint fails, prepare an application to the First-tier Tribunal (Housing and Property Chamber) with copies of your evidence.
- Consider contacting Letting Agent Registration or local enforcement for further action if the agent has breached registration rules.
Key Takeaways
- Many letting agent fees are banned for tenants in Scotland under specific legislation.
- Keep detailed records, receipts and communications to support any dispute.
- If informal routes fail, you can apply to the First-tier Tribunal for a formal decision.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber)
- Tenant Fees (Scotland) Act 2019 - legislation.gov.uk
