Legal Limits on Extra Fees for Renters in Scotland

Navigating the world of renting in Scotland can be challenging, especially when it comes to extra fees or unexpected charges. Knowing your rights regarding legal and illegal payments is essential to avoid being overcharged or taken by surprise. This guide explains what landlords and letting agents in Scotland can (and cannot) charge you, drawing on the latest Scottish legislation and official guidance.

What Payments Are Legal for Renters in Scotland?

As a renter in Scotland, the law is on your side when it comes to extra fees. The rules are clear: landlords and letting agents can usually only require you to pay rent and a refundable tenancy deposit. All other fees or mandatory charges—often called “premiums”—are generally illegal.

• Rent: The agreed monthly or weekly amount for use of the property.
• Tenancy deposit: Up to 2 months’ rent. Must be protected in an approved tenancy deposit scheme.
• Utilities and council tax: If specified in your tenancy, you may need to pay for utilities (gas, electricity, water) and council tax, but these should not be additional administrative fees.

Aside from these, landlords and agents cannot generally ask for extra money at the start, during, or end of your tenancy.

Which Fees or Charges Are Illegal?

Under the Rent (Scotland) Act 1984, Section 82, most extra payable fees are considered illegal premiums. This includes:

• Administration or application fees
• Credit check or reference fees
• Inventory fees
• Mandatory cleaning fees
• Fees for preparing a tenancy agreement
• Renewal charges
• Check-in or check-out fees
• Charging for viewing a property

Such fees are not enforceable, regardless of what your tenancy agreement says. If you have paid them, you may be able to reclaim them from your landlord or letting agent.

Exceptions: What Might Be Allowed?

Some optional charges, such as an agreed extra for a parking space or pet, may be allowed, but only if both parties agree and it is not a mandatory entry cost. Always confirm these are not replacing outlawed premium fees.

Tip: Never agree to pay any extra administrative fee without checking its legality. In Scotland, most are unlawful.

Asking for or Challenging Illegal Fees

If you have been charged an unlawful extra fee, you have the right to request a refund. You should do this in writing, keeping a copy of your letter or email. If your landlord or agent refuses, you can take further steps.

How to Reclaim Unlawful Fees

• Step 1: Write to your landlord or letting agent stating which payment you believe is unlawful under the Rent (Scotland) Act 1984.
• Step 2: If they do not return your money, contact your local council’s housing or trading standards team. They can investigate and may take enforcement action.
• Step 3: If the issue is unresolved, you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which resolves housing disputes and can order refunds.

This process puts renters in Scotland in a strong position if they have paid illegal charges.

Official Forms and How to Use Them

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) (Form: "Application under Section 16 of the Housing (Scotland) Act 2014").
  Access the official application form and guidance.
  When to use: If you have paid an illegal fee and your landlord or letting agent will not refund it, complete this form to request the tribunal's intervention. Example: "I was charged a £120 admin fee before signing my tenancy. My agent refused to return it, so I filed this application." You will need to provide evidence such as receipts or bank statements.
• Complaint to Trading Standards (no set national form; check your local council website).
  See official complaint guidance here.
  When to use: Use this route if an agent operating in Scotland is breaking the law by charging illegal fees. Your council’s trading standards team can investigate and take enforcement action.

About the First-tier Tribunal for Scotland (Housing and Property Chamber)

This is the official tribunal that deals with disputes between tenants and landlords, including illegal fee claims. Find guidance, forms, and more information on their official website.

Relevant Tenancy Legislation

• Rent (Scotland) Act 1984 – Section 82 on premiums
• Private Housing (Tenancies) (Scotland) Act 2016
• Tenancy Deposit Schemes (Scotland) Regulations 2011

These laws set out exactly what landlords and agents can require tenants to pay.

FAQs: Extra Fees and Charges for Scottish Renters

1. Can my landlord or letting agent charge an administration or application fee in Scotland?
   No. Any administration or application fee is classed as an illegal premium under the Rent (Scotland) Act 1984; landlords/agents cannot charge it.
2. What should I do if I’ve already paid an illegal fee?
   You should write to your landlord/agent and request a refund. If you don’t get your money back, contact your local council’s housing team or the First-tier Tribunal for Scotland.
3. Are holding deposits legal in Scotland?
   No. Holding deposits—fees to 'reserve' a property before signing a lease—are regarded as illegal premiums and cannot be charged.
4. Can a landlord ask for money to cover cleaning or inventory services?
   Not as a mandatory upfront or additional charge. Cleaning or inventory fees are not permitted outside normal rent and deposit payments.
5. Who enforces the rules on illegal fees in Scotland?
   Local council trading standards teams and the First-tier Tribunal for Scotland (Housing and Property Chamber) enforce and investigate breaches.

Conclusion: What Renters in Scotland Should Remember

• Most extra fees—beyond rent and a refundable deposit—are illegal in Scotland.
• If you are charged an unlawful fee, you can ask for a refund and escalate to the tribunal or council if needed.
• Always keep records of payments and put complaints in writing.

Knowing your rights protects your finances and ensures you only pay what the law allows.

Need Help? Resources for Renters

• MyGov.Scot – Tenants’ rights in Scotland
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Applications and guidance
• Citizens Advice Scotland – Housing and renting advice
• Contact your local council for direct support on letting agency complaints and enforcement

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1. Rent (Scotland) Act 1984 – Section 82: Premiums
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Scottish Government tenancy deposit rules
4. Scottish Government: Tenants’ rights

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