If you are a tenant or renter in Scotland, a landlord or letting agent generally cannot demand extra charges simply for granting or continuing a private tenancy. Examples may include administration fees, viewing fees, check-in charges, or other non-refundable payments beyond rent and a lawful deposit. Recovering money can depend on what was charged, who received it, when you paid, and whether the dispute falls within the First-tier Tribunal for Scotland (Housing and Property Chamber) or the sheriff court. This guide explains how to identify a prohibited charge, preserve evidence, request repayment, select the correct process, and prepare for a hearing or court claim. It also highlights Scotland’s main rules and practical steps for renters seeking a fair remedy.
What letting fees are prohibited in Scotland?
Scottish private landlords and letting agents should not charge a tenant a premium, fee, or other payment as a condition of granting, renewing, or continuing a tenancy, except for rent and a refundable tenancy deposit within the legal limit. The restriction can apply even when the payment is given a different label, such as a registration fee, inventory fee, key fee, or credit-check charge.
Section 82 of the Rent (Scotland) Act 1984 is a key provision for recovering unlawful premiums, while the Private Housing (Tenancies) (Scotland) Act 2016 provides the framework for most modern private residential tenancies.[1] Read the legislation carefully because the correct remedy may depend on the type of tenancy and the nature of the payment.
The Scottish Government’s guidance on letting fees and deposits explains the practical rule for renters and gives examples of charges that should not be imposed.[2]
Can the housing tribunal recover the money?
The official tribunal is the First-tier Tribunal for Scotland (Housing and Property Chamber).[3] It deals with specific housing applications, including some private tenancy disputes, repairs, eviction matters, rent issues, and tenancy deposit cases. It does not automatically have power to decide every claim for repayment of an unlawful letting fee.
Before applying, check whether the tribunal has jurisdiction over your particular dispute. If your claim is primarily for repayment of an unlawful premium under section 82, the sheriff court may be the appropriate route. The tribunal may still be relevant where the same facts involve a matter within its housing jurisdiction, but you should not assume that a tribunal application will substitute for a court claim.
Evidence that can support a repayment claim
Strong records help show what was charged, why it was paid, and who received it. Keep the tenancy agreement, fee schedule, adverts, emails, text messages, bank statements, receipts, and any written explanation for the payment. If the charge was discussed by telephone, write a dated note of what was said and identify the participants.
- Keep receipts, bank records, invoices, and messages showing the amount and payment date.
- Save photographs or screenshots of adverts and online forms that describe the charge.
- Record the landlord’s or agent’s name, address, letting business details, and any reference number.
- Calculate the total amount paid and separate rent and deposit from any additional fee.
Ask for repayment before starting a claim
Send a short written request to the person or business that received the money. State the date, amount, description of the charge, and reason you believe it was prohibited. Ask for repayment by a clear date and attach copies rather than originals of supporting records. Keep the message professional and avoid making allegations that you cannot support.
If the recipient agrees, confirm the repayment date and amount in writing. If there is no response or repayment, organise your evidence and consider whether the tribunal or sheriff court has jurisdiction. A written request can also show that you tried to resolve the dispute before beginning proceedings.
Tribunal and court routes in Scotland
First-tier Tribunal application
Use the tribunal’s online application process when your dispute falls within its published housing jurisdiction. The application should identify the property, parties, tenancy, events, remedy requested, and documents supporting the application. There is no universal tribunal form number for every type of case, so use the application route and guidance for the relevant application category.
For example, a tenant may use a tribunal application for a qualifying private tenancy dispute about a matter the tribunal is authorised to determine, such as a repair or tenancy deposit issue connected with the tenancy. A claim solely seeking repayment of an unlawful premium may instead need to be raised in the sheriff court.
Simple Procedure in the sheriff court
Where the sheriff court is the correct forum and the value of the claim is within the simple procedure limit, the official Simple Procedure claim form (Form 3A) is used to start the claim. You complete it with the parties’ details, the amount sought, a concise explanation, and the supporting facts. A practical example is a renter claiming repayment of a documented administration charge after the recipient ignored a written repayment request.
Check the current Scottish Courts and Tribunals Service guidance before filing because court fees, service requirements, time limits, and available procedures can change. A court can also consider whether the claim was brought within the applicable limitation period.
What compensation can be recovered?
The main objective is usually repayment of the prohibited charge, but the available remedy depends on the legal basis of the claim and the forum. A tribunal may make only the orders that its legislation permits. A sheriff court can determine a civil repayment claim within its jurisdiction and may consider interest or expenses where appropriate.
Do not deduct the disputed amount from rent without specific legal advice. Withholding rent can create arrears and may expose you to separate action, even if you believe the original fee was unlawful. Continue paying rent and any lawful sums while the dispute is considered.
- Claim the identifiable prohibited charge and explain how you calculated the amount.
- Attach documents that prove payment and distinguish the fee from rent or the deposit.
- Avoid stopping rent payments or signing a settlement without understanding its effect.
FAQ
- Can a letting agent charge an administration fee in Scotland?
- A separate administration fee may be prohibited if it is an additional payment connected with granting, renewing, or continuing the tenancy rather than rent or a lawful refundable deposit.
- Can I always recover an illegal fee through the housing tribunal?
- No. The First-tier Tribunal for Scotland (Housing and Property Chamber) has defined jurisdiction, and a repayment claim for an unlawful premium may need to be brought in the sheriff court.
- What evidence should a tenant keep?
- Keep the tenancy agreement, advert, receipt, bank statement, invoice, messages, emails, and a calculation showing the amount of the disputed charge.
- Can I stop paying rent while I seek repayment?
- You should not stop paying rent without specific legal advice because rent arrears can create a separate problem even when a fee appears unlawful.
How-To
- Identify the charge, payment date, recipient, and amount separately from rent and the deposit.
- Collect the agreement, receipt, bank record, messages, advert, and other evidence supporting repayment.
- Send a written repayment request and keep proof of delivery and any response.
- Choose the First-tier Tribunal or sheriff court after checking which body has jurisdiction over the dispute.
- Complete the relevant tribunal application or Simple Procedure Form 3A and submit the evidence by the required deadline.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber) application guidance and contact details.
- mygov.scot guidance on private renting, letting fees, and deposits.
- Scottish Courts and Tribunals Service Simple Procedure guidance and forms.
