Renting flat in Scotland

Perhaps Sirius is having a little fun with us? Can't think of any other reason!

I know I shouldn't let it wind me up but it does.  It's critical for us to let people know what to expect in a "worse case scenario" when moving.  And about 50% of people moving over are required to pay 6 months rent up front as they don't have UK credit.  I simply don't want this to catch anyone by surprise and ensure people are prepared that this could be required - simple as.

Of course on the other end of the spectrum, we don't want to see people fleeced for fees that are not allowed.  But the requirement to pay rent up front is allowed and (unfortunately) at times the only way to secure a property when starting life here.

I would love for you to show me where I called it a deposit.  Because I didn't.

You know she won't so I don't know why you even bother.

Perhaps Sirius is having a little fun with us? Can't think of any other reason!

Not my idea of a hobby...but I guess people enjoy what they enjoy lol

Not 6 months security deposit, 6 months rent in advance.

What about section 212. 8 of the Housing Act 2004?

It wouldn't be the first time that a landlord asked for six months up front and tenant takes landlord to court as 5 months should have been put in one of the Deposit schemes meaning landlord had to pay 3 times the deposit to the tenant and a fine and their legal bill.

What about section 212. 8 of the Housing Act 2004?

Reading through now and it seems to be discussion deposits in terms of "security" here, not 6 months rent in advance.

Reading through now and it seems to be discussion deposits in terms of "security" here, not 6 months rent in advance.

Look at how it defines what a deposit is.

KFdancer and Aquila aren't talking about a refundable security deposit.  They are talking about the landlord charging all of the rent in advance, in a lump sum.  It is covered by the document you linked to on page 26.  Here is your link again:

That was outlawed in England on 1 June 2019 under the new law, The Tenants Fees Act 2019, as were other fees that were creeping in with some agents/landlords.  The refundable tenancy deposit is capped at 5 weeks rent.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791273/TFA_Guidance_for_LandlordsAgents.pdf

It will be banned in Wales from 1 September 2019.

Scotland has their own renting laws too.

This is what it says on Page 26:

Q. Can I ask a tenant to pay rent upfront if they don’t have a suitable guarantor or reference checks?
Yes. You could ask a tenant to pay their rent in a lump sum but should consider if this is necessary and affordable for the tenant. You cannot charge any more in an up-front lump sum payment than would have been chargeable over the fixed-term of the tenancy. For example, if the rent is £500 a month and the tenancy is for a fixed-term of six months, you cannot ask a tenant to pay more than £3,000 up front.

KFdancer and Aquila aren't talking about a refundable security deposit.  They are talking about the landlord charging all of the rent in advance, in a lump sum.  It is covered by the document you linked to on page 26.  Here is your link again:

This is what it says on Page 26:

Yep, This. Nobody here is talking about a refundable security deposit. Do you have anything that negates what JFK has shared (that came directly from your link)?

KFdancer and Aquila aren't talking about a refundable security deposit.  They are talking about the landlord charging all of the rent in advance, in a lump sum.  It is covered by the document you linked to on page 26.  Here is your link again:

This is what it says on Page 26:

And I am talking about what the rent is, in regard to the wording to the amenedment to the Housing acts in 2007 (?) with the refundable deposit laws, where a landlord was then required to put the redundable secutiry deposit in one of the 3 schemes. Under that law change: amoung other new requirments:  if they they didn't, they are then required to repay the tenant their deposit (even if they are still in the property) and pay a fine to the tenant of 3 times the deposit.

 It's why there are court cases about landlords who have taken 6 months rent, but then been taken to court by their tenant where the judges ruled that 5 months should have been put in the deposit schemes; meaning landord was then required to pay to tenant 3 times the amount of the "deposit" (the 5 months rent)  as per the housing law amemdments in 2007(?).

If you are not a landlord, then I don't expect you to know these things. For landlords, ignorance is no excuse in the eyes of the law.

Yep, This. Nobody here is talking about a refundable security deposit. Do you have anything that negates what JFK has shared (that came directly from your link)?

You said you are a landlord and you should have known what negates what JFK has said. It's in your own financial interest to know the laws of your business.

And I am talking about what the rent is, in regard to the wording to the amenedment to the Housing acts in 2007 (?) with the refundable deposit laws, where a landlord was then required to put the redundable secutiry deposit in one of the 3 schemes. Under that law change, if they they didn't, they are then required to repay the tenant their deposit (even if they are still in the property) and pay a fine to the tenant of 3 times the deposit.

 It's why there are court cases about landlords who have taken 6 months rent, but then been takien to court by their tenant and the judges ruled that 5 months should have been put in the deposit schemes; meaning landord was then required to pay to the tenant 3 times the amount of the "deposit" (the 5 months rent)  as per the housing law amemdments in 2007(?).

If you are not a landlord, then I don't expect you to know these things. For landlords, ignorance is no excuse in the eyes of the law.

Bold and underline in quotes mine.

NONE of us are referencing refundable security deposits.  Please stop hammering on about this.

It’s like hammering on about how bad diesel emissions are to a group of people who drive electric cars.

DUDE it's not worth even engaging with you (I do strongly urge you to get yourself a hobby though). Nobody is talking about whether or not you need to put it into a deposit scheme. The discussion was over whether or not you can legally ask for 6 months rent up front and  we've highlighted where (in your original link, as you asked) it said you could do this. You're doing that thing that you always do where you cant admit you were wrong/made a mistake, so you change the narrative of what was being discussed. Where did anybody mention you would/wouldn't need to place it into a deposit scheme?

While I'm genuinely not going to waste too much of my time on this (only responding as I'm sitting on a train for an hour now), please show me WHERE anybody (other than you or others asking you to stick to the topic at hand) spoke about anything other than whether you could or couldn't legally ask for 6 months rent up front. Not security deposits. Not how you go about receiving that money as a landlord. If you could - yes or no - legally ask for 6 months rent up front.


Siriis - yes or no - can you ask for 6 months rent up front? You don't even have to say you were or weren't incorrect initially. No long winded paragraph response where you talk about everything but the topic at hand or how you would go about doing it to stay legal. Just "yes" or "no", can you ask for 6 months rent up front?

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Bold and underline in quotes mine.

NONE of us are referencing refundable security deposits.  Please stop hammering on about this.

It’s like hammering on about how bad diesel emissions are to a group of people who drive electric cars.

You also  are a landlord. It's quite easy to understand what I am saying if you are a landlord who has read the many laws that landlords need to know. It's not quite the, it sucks to be a tenant, that you thought it is.

It doesn't botther me when landlords haven't bothered to know the laws of their business, but there are plenty of housing forums where the good landlords (those who stick to the laws) will help tenants win. And plenty of the so called "professional tenants" who look to make a profit from  landlords who don't know the laws.

Yes or no: can you ask for 6 months rent up front?

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Yes or no: can you ask for 6 months rent up front?

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And some fell on stoney ground.   Have you read the quote from the housing laws above?

And some fell on stoney ground.

Yes or no? I'm  not sure we can make it literally any easier or basic.

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