England banned most tenant fees in 2019 and still permits several categories of charge. Scotland went considerably further, considerably earlier. Here, the rule is simple: rent and a deposit, and nothing else.
The law
Charging a premium in addition to rent and a deposit has been prohibited under the Rent (Scotland) Act 1984. Clarifying legislation in 2012 put the position beyond argument: any charge to a tenant beyond rent and a refundable deposit is unlawful.
What that covers
- Referencing and credit check fees
- Administration or 'tenancy set-up' fees
- Inventory or check-in fees
- Charges for drafting or renewing a tenancy agreement
- Viewing fees or holding fees
- Charges for a guarantor agreement
- 'Non-refundable' deposits of any kind
Getting your money back
If you have paid an unlawful fee, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to recover it. Charging a premium is also a criminal offence, and for a letting agent a breach of the Code of Practice. There is no fee to apply to the Tribunal.
- Gather your evidence: the receipt, bank statement, tenancy paperwork and any emails describing the charge.
- Write to the agent asking for a refund, and keep a copy.
- If they refuse or ignore you, apply to the Housing and Property Chamber.
- You can also report the agent to the Scottish Government's letting agent register. Charging unlawful fees is a breach of the Letting Agent Code of Practice.
How to spot a compliant agent
- They display a LARN, a Letting Agent Registration Number, on their website and adverts.
- Their property adverts show the landlord's registration number and the EPC rating.
- They tell you which deposit scheme they use before you pay anything.
- They publish a written complaints procedure.
- They quote rent and deposit, and nothing else.
Frequently asked
- Are letting agent fees legal in Scotland?
- No. Charging tenants any fee beyond rent and a refundable deposit is unlawful in Scotland under the Rent (Scotland) Act 1984, clarified by legislation in 2012.
- How much can I recover if I was charged an illegal fee?
- The full amount you were charged. The First-tier Tribunal for Scotland can order the fee repaid, and there is no fee to make an application. (The up-to-three-times award you may have read about applies to deposits a landlord failed to protect, not to unlawful fees.)
- Can a letting agent charge me for a credit check in Scotland?
- No. Referencing and credit check costs are the landlord's or agent's business expense and cannot be passed to the tenant.
This guide is general information, not legal advice. Law and practice change, and individual circumstances vary. Check current guidance at mygov.scot and take professional advice on anything affecting your specific position.
