Letting agents in Scotland ‘are still charging illegal fees’

Some letting agents in Scotland are still charging private tenants fees, despite their outright ban in 2012.

The law was clarified to stipulate that fees charged to tenants are illegal. Tenants can only pay rent and a refundable deposit. They cannot be charged for services such as reference and credit checks, and inventory fees

However, Shelter Scotland said it believes letting agents are still charging fees, while BBC Scotland has interviewed a tenant who said she was charged £55 for a reference check – a sum her guarantor also had to pay.

She said that she was not given the choice of doing her own reference checks.

The BBC did not name the letting agent, but has carried its denial that it had done anything wrong.

According to the BBC, however, the case is not unique, with the president of the students’ representative council at Glasgow University, Liam King, claiming to have seen nearly 50 cases relating to letting fees in the last year.

King said: “That’s only the tip of the iceberg, that’s only students that are coming to us.”

He said student tenants are a “a very easy target” for some letting agents, as many are not from Scotland and are unaware of Scottish rent law.

David Cox, managing director of ARLA, said: “A small minority of agents are flouting the law, knowing that they’re not being properly enforced, and knowing they can probably get away with it.

“It’s why we’re urging the Scottish government and Westminster to take a much greater regulatory approach to lettings agents. Scotland is already a long way down that line, but there’s still more work to do.”

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One Comment

  1. Ewan Foreman

    Almost certainly relates to a convoluted method of offering tenants a non-mandatory referencing service as an alternative to them providing their own references.

    It is seldom explained to the tenants on a like for like basis such that it represents a real choice, is still illegal anyway and agents who prefer to create their own legal process should not complain when tenants try to do the same.

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