Comments on: Letting Agents – can your tenant reclaim their fees?

By: Angie Harmel

Angie Harmel — Sat, 06 Apr 2013 15:09:53 +0000

Hi
Can you tell me what the latest legislation is regarding the term ‘premiums’ and what exactly is included? The information on-line seems dated. I have tried reclaiming my fees using Shelter Scotland’s on-line toolkit, and the response from my agent was that they ‘didn’t agree the fee paid was a premium’ and that there will be an amendment to the definition of ‘premium’ by the Scottish Government.

Thank you

By: Ruth

Ruth — Tue, 12 Jun 2012 12:04:04 +0000

Hi Stuart – the answer will very much depend on the circumstances of the case and as such it’s difficult to give a response to your query without further information. A member of the Letlaw team would be happy to chat if you want to get in touch.

By: Stuart McDonald

Stuart McDonald — Fri, 08 Jun 2012 14:28:20 +0000

Dear Sir / Madam

Can you please advise … as a landlord, can my agent lawfully charge me a 6 monthly fee for my tenant renewing their lease ?

Regards
Stuart

By: Fiona

Fiona — Thu, 24 May 2012 11:38:33 +0000

The definition of a “premium” under the Rent (Scotland) Act 1984 includes any fine or other like sum and any other pecuniary consideration in addition to rent. However, this is in connection with the grant, renewal or continuance of the tenancy. Where you have provision in your lease for a fine being levied, or interest charged on late rent, this doesn’t necessarily fall within the 1984 Act definition of a “premium” as such. However, if deemed to be unreasonably high, it could still be deemed to be an unfair contract term. Therefore if any late payment fines or interest on late rent is being provided for in a lease, this should be a reasonable amount and justifiable under the circumstances, otherwise it could be struck out by a court as being unfair.