Tenant Fees and Permitted Charges in Scotland

Many tenants in Scotland worry about unexpected charges when renting. This guide explains which fees landlords can legally charge under Scottish law, how to spot prohibited payments and what steps a tenant can take if asked to pay something unlawful. It covers common permitted charges such as rent and tenancy deposits, how the Private Housing (Tenancies) (Scotland) Act 2016 affects permitted payments, and where to find official forms and help. If you are facing a disputed fee, the article explains practical steps to challenge it, when to contact the First-tier Tribunal (Housing and Property Chamber), and what evidence to gather to support your case.

What charges are allowed in Scotland

Under Scottish rules landlords and letting agents can normally charge the agreed rent and certain sums that are written into the tenancy, for example a security deposit or costs to repair tenant-caused damage. The Private Housing (Tenancies) (Scotland) Act 2016 sets the framework for private residential tenancies and how permitted charges work in practice.^[1]

• Rent as stated in your tenancy agreement.
• A refundable tenancy deposit, usually protected under a deposit scheme.
• Reasonable costs to repair damage caused by the tenant beyond fair wear and tear.
• Payments for utilities or services explicitly set out in the agreement.

Prohibited fees

Scotland has strict limits on upfront and administration fees charged to tenants. Many common letting agent or administration charges are unlawful, and guidance from the Scottish Government explains which payments are banned and which are allowed.^[2]

• Typical banned charges include onerous admin or referencing fees demanded before or during a tenancy.
• Fees that are not clearly written into the tenancy agreement and not lawful under the Act.
• Unreasonable penalties for minor breaches where legislation or the agreement does not allow them.

How to check and challenge charges

If you are asked to pay a fee you think is not permitted, follow a clear sequence: check your written tenancy, ask your landlord or agent for a written breakdown, gather receipts and other evidence, and if the issue is not resolved you can apply to the First-tier Tribunal (Housing and Property Chamber) for a decision.^[3]

• Ask the landlord or agent in writing for a full explanation and an itemised invoice or receipt.
• Keep copies of messages, receipts, photographs and the tenancy agreement as evidence.
• Note any deadlines for responses and act promptly to preserve rights.

Forms and official procedures

Key official procedures include serving or receiving a written notice to end a tenancy and, if needed, applying to the First-tier Tribunal (Housing and Property Chamber). The Tribunal publishes application guidance and the forms tenants or landlords use to apply for decisions about repossession, rent, or prohibited payments.^[3]

• Notice to Leave or written termination notice: used when a tenancy is being ended; tenants should check the notice carefully and seek advice if unsure.
• Application to the First-tier Tribunal (Housing and Property Chamber): used when disputes over fees, deposits or possession cannot be resolved informally; for example, a tenant can apply for an order requiring repayment of an unlawful fee.

FAQ

Can my landlord charge an administration or referencing fee?

No. Many administration or referencing fees are banned in Scotland; you should ask for a written explanation and refuse unlawful payments.

What if I already paid a fee that I now think was illegal?

Keep proof of payment and ask the landlord or agent for a refund in writing; if refused, you can apply to the First-tier Tribunal for recovery.

Who enforces these rules?

The First-tier Tribunal (Housing and Property Chamber) decides disputes, and Scottish Government guidance explains the law and permitted charges.

How-To

1. Check the tenancy agreement and identify where a fee is referenced and on what legal basis.
2. Write to the landlord or agent asking for an itemised breakdown and a refund within a clear deadline.
3. Gather receipts, screenshots, photos and correspondence to support your claim.
4. Apply to the First-tier Tribunal (Housing and Property Chamber) if the landlord refuses to refund or justify the charge.

Key Takeaways

• Landlords can charge rent, deposits and reasonable costs for tenant-caused damage.
• Many upfront and admin fees are banned; check official guidance before paying.
• Document everything and use the First-tier Tribunal if you cannot resolve a dispute.

Help and Support / Resources

• Tenant fees guidance - Scottish Government
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Private residential tenancies - Scottish Government

1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
2. [2] Tenant fees guidance - Scottish Government
3. [3] First-tier Tribunal for Scotland (Housing and Property Chamber)