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Extra charge to continue renting (in Scotland)

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ... So does that mean the links you and others supplied do not apply in any way?

    Yes.

    There's a couple of guys who know Scottish law who might be along soon....

    Try editing your post title with the word 'Scotland' so they spot it!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Bump!

    Artful?
  • theartfullodger
    theartfullodger Posts: 15,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 July 2012 at 8:03PM
    Yup!! I'm here!!

    It's illegal: Rent Act 1984 - see this info from Shelter Scotland.
    http://www.reclaimyourfees.com/
    Current legislation explicitly prohibits charges for drawing up a tenancy agreement and furthermore it is an offence to require any premium as a condition of the grant or continuance of tenancy. This comes under section 82 of the Rent (Scotland) Act 1984 (imported into the Housing (Scotland) Act 1988 in respect of assured tenancies by section 27 of the Act). In accordance with Section 90, a premium includes any fine or other sum and any other pecuniary consideration‘ in addition to rent.
    If you’ve been charged any of these by your letting agency, use our FREE toolkit and claim back what you’re owed.

    • Credit checks - fees for carrying out credit checks
    • Reference checks - fees for carrying out reference checks
    • Inventory fees - charges for checking and preparing an inventory
    • Renewal fees – any administration charge to renew an existing tenancy
    • Holding fees - any non refundable 'holding fees' or similar payment as an inducement to grant a tenancy
    • Copies of the lease - charges for arranging duplicate copies of the lease
    • Transfer fees - a payment to formally transfer a tenancy to someone else (known as ‘assignment’)
    • Overpriced furniture - sale of furniture to a tenant for an excessive price

    Suggest you refer the letting agent to this thread and/or Shelter Scotland link...

    How many more dumb, uneducated agents are going to hold themselves up to ridicule over this sort of matter?? They ain't exactly doing their reputations any good. Don't they undergo training??

    btw there are good agents, I have one in Surrey...

    Cheers!

    Artful

    PS Come on Ingerlund, catch up with Scotland on decent laws about letting agent fees!!!
  • Littleweedj
    Littleweedj Posts: 213 Forumite
    WOW! that's all come as such a surprise and thank you so very much Artfullodger for all this information. My friend will now be able to contest these charges, armed with the full and legal facts.

    However, if I hadn't posted this enquiry would never have been able to find out all of this without your response so, as you say, there must be lots of people out there just paying up cause they think there is no alternative.

    Many thanks again
    Slainte
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    .....Artful

    PS Come on Ingerlund, catch up with Scotland on decent laws about letting agent fees!!!

    Hmmm - you have deposit regulation up there now? Or not yet....?

    (but you're right, it is time letting agents (and to a lesser extent LLs) were regulated both in their activities and their training.
  • theartfullodger
    theartfullodger Posts: 15,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 July 2012 at 10:04PM
    G_M wrote: »
    Hmmm - you have deposit regulation up there now? Or not yet....?

    (but you're right, it is time letting agents (and to a lesser extent LLs) were regulated both in their activities and their training.

    ...yes, just mailed my 1st Scottish prescribed information. (From berkshire).Edinburgh recently banned a landlord from renting to ANYONE under the landlord registration legislation..

    If the best of Scottish & English law were combined the land-of-my-fathers would greatly benefit....
  • tbs624
    tbs624 Posts: 10,816 Forumite
    WOW!
    However, if I hadn't posted this enquiry would never have been able to find out all of this without your response so, as you say, there must be lots of people out there just paying up cause they think there is no alternative.
    The info *is* out there - it's up to Ts to challenge fees and do their research rather than just coughing up becuase a LL or LA says so. The local Council will have a private sector tenancy relations officer, Shelter Scotland can gicve guidance, as can the CABs and so on.

    Is your friend's LL registered btw, as required under Scottish law?
  • Littleweedj
    Littleweedj Posts: 213 Forumite
    She rents the house from Slater Hogg and Howison, and they are one of the largest High Street property agents, so will definitely be registered.

    You'd think that a so called 'leading' property agent, such as this, would be aware of every legal aspect of renting.....it's quite appalling that they are continuing to get away with it. When this was queried they just responded that if you do't pay up then you can't continue to rent with them.
  • bebewoo
    bebewoo Posts: 622 Forumite
    Wish I lived in Scotland, why is it not illegal in England too?
  • theartfullodger
    theartfullodger Posts: 15,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bebewoo wrote: »
    Wish I lived in Scotland, why is it not illegal in England too?

    Labour was in the process of regulation letting agents in England: Dave decided not to bother...

    Your answer (will be..) in your voting actions...

    Sigh!!
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