(Scotland) When looking at rentals landlords charge more for 1st months rent, this is illegal right?

dekaspace1

Was looking at properties online lets say a property is listed at £500 per month with £500 deposit they say "first months rent £600, following months £500" 

I assume this is their way of getting around fees but it sounds dodgy to me.

bryanb

Would you prefer £600 every month?

dekaspace1

That wasn't my query!

I'd assume the higher rent would mean less interest too.

saajan_12

I think this would be one for a judge if it was reported.. 
The letter of the law says no fees outside rent. Inherently there's no problem with varying rent for different months. However the spirit of the law was to ensure consistency and comparability, as well as avoiding frictional costs for changeovers. A higher first month rent only might be seen as effectively bundling in fees. Hard to tell which way it would go.. 

Alderbank

dekaspace1 said:

That wasn't my query!

I'd assume the higher rent would mean less interest too.

I'm interested, which part of Scotland is that where landlords are struggling to attract tenants?

Here in East Scotland, and I thought throughout the country, demand for rental property exceeds supply and every new rental advertised gets lots of interest.

dekaspace1

Alderbank said:

dekaspace1 said:

That wasn't my query!

I'd assume the higher rent would mean less interest too.

I'm interested, which part of Scotland is that where landlords are struggling to attract tenants?

Here in East Scotland, and I thought throughout the country, demand for rental property exceeds supply and every new rental advertised gets lots of interest.

I said less interest not no interest.

But I do see properties up for a while when I search but that in part likely is because a flat that may of rented for £300 5 years ago landlords now want £500 for yet the areas have gotten worse and state of properties haven't increased.

theartfullodger

You need to see the wording of what they are proposing: 

There a number of so-called "zero deposit" schemes..

e.g.
https://www.zerodeposit.com/tenants/
- which this one might be.  Not keen on them myself (I'm a landlord)..

When you state "" they say "first months rent £600, following months £500"  "" who/what is "they" ?? (Agent, landlord, advert, verbally or in writing>???)

As far as I understand it rent/month in Scotland is defined in the tenancy, and tenant can give notice (PRT) of 28 days - from day 1 - much tougher for a landlord to end a tenancy (quite right IMHO..)

dekaspace1

They is either the agency or landlord though mostly seems to be agencies asking this.

A deposit amount which is equal to the regular months rent is in the listings too.

I was just giving a generic example.

I remember a deposit scheme I was in 10 years ago, nothing up front but you had up to 12 months to pay it off in installments the landlord got increasingly agressive during the tenancy to pay it off to the point of hinting of evicting me, it was through a local charity and so I paid it off and then by doing so I lost support from the charity as they said even if I owed £5 of it I could get support but now it was paid off they couldn't help me in any way.

Was glad to be out of that place, one of my nightmare rentals with furniture at the time that was from the 90's (this was only 10 years ago) that was falling apart, rubbish under bed and in cupboards when I moved in and a gas leak on day 1 and landlord upped the rent mid tenancy by saying I was underpaying and threatened to take me to court.

propertyrental

If they are also requiring a normal deposit, then my guess is that saajan_12 above is right.

They are probably bundling in the cost to them of illegal admin fees and hoping that by calling them 'rent' they legitimise them.

But only a court could decide.....

Stubod

I woud have though it would be difficult to justify a first month rent higher than the "norm", other than they are trying to profiteer now that they can't charge up front admin fees??...seems unfair to me.

theartfullodger

Stubod said:

I woud have though it would be difficult to justify a first month rent higher than the "norm", other than they are trying to profiteer now that they can't charge up front admin fees??...seems unfair to me.

Agreed:  Way to handle this is to agree & sign up (otherwise no tenancy) then challenge the "extra" in month 1 (hopefully with help from Shelter Scotland, perhaps they'd like a test case - calmly) with agent/landlord, if that fails take it to the Housing FTT - see 
https://housingandpropertychamber.scot/home

(Available online, free, 24/7, to anyone, free to bring case.. - Come on Engerland, catch up !! ))

Slàinte mhath!