What letting fees can be unlawful in Scotland?
Scottish law generally prevents a landlord or letting agent from requiring a tenant to pay a premium, additional fee or similar charge as a condition of granting, renewing or continuing a tenancy. Charges described as administration, reference, inventory, check-in, renewal or processing fees may need careful examination. A genuine payment for rent or a lawful tenancy deposit is different, although the label used by an agent does not decide whether a charge is lawful.
The Rent (Scotland) Act 1984 contains the main prohibition on premiums and similar payments. The Private Housing (Tenancies) (Scotland) Act 2016 is also important for modern private residential tenancies, including rules about tenancy terms, rent and ending a tenancy. Relevant legislation is listed in the footnotes below.[1]
Does the 2019 date create a special deadline?
There is no single rule saying that every fee charged since 2019 can automatically be reclaimed or that every claim expires on one fixed date. The time limit can depend on the legal basis of the claim, when the payment was made, what the written agreement says and whether prescription has been interrupted. Because older payments may be affected by the Prescription and Limitation (Scotland) Act 1973, a tenant should act promptly and obtain advice if a claim reaches back several years.
Do not assume that moving out prevents recovery. Keep the tenancy paperwork and proof of payment even if the tenancy has ended. If you have several payments or more than one property, list each transaction separately and seek advice before combining claims.
Evidence to collect before asking for repayment
A clear evidence bundle helps show what was charged, who received it and why it may have been unlawful. Make copies rather than sending away your only originals, and keep messages with their dates and times.
- The tenancy agreement, application documents and any fee schedule.
- Bank statements, receipts, invoices and payment confirmations showing the amount and date.
- Emails, text messages or adverts explaining what the fee was for.
- A timeline showing the application, payment, tenancy start, renewal and repayment requests.
- The agent's trading name, address, complaints contact and any landlord details you have.
Ask the agent or landlord for repayment
Send a dated written request to the agent and, where appropriate, the landlord. State the property address, the amount paid, the date, the description of the charge and why you believe it was unlawful. Ask for repayment by a reasonable date and provide payment details securely. Avoid threatening language, and keep proof that the request was sent and delivered.
If the agent belongs to a professional body, you may use its complaints process, but membership does not replace your legal claim. You can also check the Scottish Government information on the Letting Agent Code of Practice, which explains standards for letting agents and complaint handling. The code may help identify poor practice, although a repayment claim may still need to be brought separately.
Choosing a recovery route
Simple Procedure in the sheriff court
A money claim within the Simple Procedure limit is normally started using the Scottish Courts and Tribunals Service claim process. The official Simple Procedure guidance and Form 3A claim form explain how to set out the claim, pay the applicable fee or apply for fee exemption, and serve the papers. For example, a tenant claiming £350 in unlawful administration fees could describe the tenancy, identify the payment and ask the sheriff court to order repayment.
Use the correct court connected with the case and follow the service instructions carefully. The agent or landlord can defend the claim, so attach or refer to relevant evidence and explain the amount claimed. Court fees, expenses and enforcement are separate issues, and you should check the current official guidance before filing.
First-tier Tribunal for Scotland
The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with specific housing applications, including certain private residential tenancy disputes and letting agent regulatory matters. Its jurisdiction is not a general replacement for a sheriff court money claim. Check the tribunal's current application guidance to see whether your dispute fits a tribunal procedure before relying on it to recover a fee.
How to make a written repayment request
- Make a complete record of the fee, payment date, recipient and reason given.
- Write to the agent and landlord, explain the legal concern and request repayment by a clear date.
- Attach copies of receipts and relevant tenancy documents while keeping the originals.
- Allow a reasonable response period and diarise the date so the matter does not drift.
- If repayment is refused, compare the tribunal and sheriff court routes and check time limits before filing.
What if the agent retaliates or threatens eviction?
Requesting repayment does not by itself remove your duties under the tenancy. Continue paying rent and complying with lawful tenancy terms unless you receive independent advice to do something different. Keep any notice, threat or change in communication, and seek urgent advice if you receive eviction papers. A letting agent cannot lawfully use an improper fee dispute to bypass the statutory process for ending a tenancy.
For a private residential tenancy, the Private Housing (Tenancies) (Scotland) Act 2016 sets out the eviction framework, including notice and tribunal processes. Do not ignore a notice simply because you are also pursuing repayment; the deadlines for each matter may be different.
FAQ
- Can a Scottish letting agent charge a reference or administration fee?
- A charge may be unlawful if it is a premium or additional payment required as part of granting, renewing or continuing the tenancy, regardless of the name used.
- Can I recover a letting fee paid in 2019?
- You may be able to claim, but prescription and the facts of the payment must be checked carefully, so obtain advice and act promptly.
- Should I use the First-tier Tribunal or the sheriff court?
- The First-tier Tribunal handles defined housing and letting agent applications, while a straightforward money repayment claim may need the sheriff court Simple Procedure.
- What evidence is most useful?
- The tenancy agreement, invoice, receipt, bank statement, advert, messages and a dated timeline can help establish the charge and payment.
How-To
- Make a complete record of the fee, payment date, recipient and reason given.
- Write to the agent and landlord, explain the legal concern and request repayment by a clear date.
- Attach copies of receipts and relevant tenancy documents while keeping the originals.
- Allow a reasonable response period and diarise the date so the matter does not drift.
- If repayment is refused, compare the tribunal and sheriff court routes and check time limits before filing.
Help and Support / Resources
- Scottish Government private renting guidance for tenancy rights and responsibilities.
- Scottish Government Letting Agent Code of Practice for agent standards and complaints.
- First-tier Tribunal for Scotland (Housing and Property Chamber) for its current housing and letting agent procedures.
