Letting agent fees are unlawful in Scotland

1

Write to your letting agent

Step 1

Write to your letting agent and ask them to return your fees

Sometimes you'll be successful when you write and ask for them to return your fee

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2

Write again if they refuse

Step 2

Write to your letting agent a second time

If they don't return the fee after the first letter you should write again. This time the letter quotes the law in detail and lets the letting agent know that you'll go to court if you don't get your fees back

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3

Lodge a small claims court action

Step 3

Lodging a small claims action isn't as scary as it sounds

Use our downloadable 'statement of claim' and a small claims form from the Scottish courts website

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4

Attend court if needed

Step 4

It may not actually come to attending court

This guide will help you through the process.

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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.

The Scottish Government recently held a public consultation on premiums, the outcome of which clarified that letting agent fees have been - and will remain - unlawful. Read the full statement from the Scottish Government here.

If you’ve been charged any of these by your letting agency in the last five years, use our FREE toolkit and claim back what you’re owed.