Renting flat in Scotland

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

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  Take a few minutes and read the quote above. Then think about what it is saying. Then look for the court cases and read what the judges said.

:-)

Are you that incapable of being an adult and answering an exceptionally straightforward question? I'm going to assume you just don't want to admit the answer is yes and you were wrong originally, so I guess we'll just go with that if this is all were going to get here.

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Off topic, but did you see that a landlord who displays a poor attitude can be taken to court under the Tenant Fees Act 2019 in England; rather than just be given a 5k fine?

Take a few minutes and read the quote above. Then think about what it is saying. Then look for the court cases and read what the judges said.

You can edit your posts all you want. You're refusing to answer the question and redirecting it. What JF has quoted from your link is literally evidence to say yes you can ask for 6 months rent up front.

There's genuinely no point engaging further as you'll continue to avoid and redirect.

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Are you that incapable of being an adult and answering an exceptionally straightforward question? I'm going to assume you just don't want to admit the answer is yes and you were wrong originally, so I guess we'll just go with that if this is all were going to get here.

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You obviously haven't read and understood that part of the law. As you are a landlord, that is your problem.

You obviousdly haven't read and understood that part of the law. As a landlord, that is your problem.

Yep

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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.

It is EXTRAORDINARILY easy to read the laws.

The REFUNDABLE security deposit MUST be placed in the deposit protection scheme at the landlords expense.

And it absolutely sucks to be a tenant in the UK, which is why I am so pleased to see some reform on tenant protection.

And we all know the answer to XoD’s yes or no question is YES.  Dancing around the answer simply proves you know the answer is yes.

Remember the reason this gets our back up - you are eluding to people relocating to the UK with no credit history that it is illegal for the landlord (or letting agent) to request rent up front.  This is incorrect and bad advice.

It is EXTRAORDINARILY easy to read the laws.

The REFUNDABLE security deposit MUST be placed in the deposit protection scheme at the landlords expense.

And it absolutely sucks to be a tenant in the UK, which is why I am so pleased to see some reform on tenant protection.

And we all know the answer to XoD’s yes or no question is YES.  Dancing around the answer simply proves you know the answer is yes.

Remember the reason this gets our back up - you are eluding to people relocating to the UK with no credit history that it is illegal for the landlord (or letting agent) to request rent up front.  This is incorrect and bad advice.

She already made it clear before this thread with her very heavy hints that we were slum lords so I guess we are still team slum lord which means nothing we say will ever be correct to her lol. I just hope people don't mistake her high word count and random references to renting laws as correct.

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She already made it clear before this thread with her very heavy hints that we were slum lords so I guess we are still team slum lord which means nothing we say will ever be correct to her lol. I just hope people don't mistake her high word count and random references to renting laws as correct.

For the record and for the benefit of anyone looking back on this thread in the future.. I can categorically state that KoD and KFD are fine, upstanding members of society who could not be further removed from slum lords. 

For the record and for the benefit of anyone looking back on this thread in the future.. I can categorically state that KoD and KFD are fine, upstanding members of society who could not be further removed from slum lords. 

Hahah thanks Larrabee (I'm hoping UKVI aren't processing my naturalisation application as we speak and shaking their heads at me as we speak).

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That Susan is quite the card.

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For the record and for the benefit of anyone looking back on this thread in the future.. I can categorically state that KoD and KFD are fine, upstanding members of society who could not be further removed from slum lords. 

Oh I’m not bothered.  I know how I treat my tenants.  I’m a firm believer of treat others the way you want to be treated.

What DOES bother me is giving people incorrect advice like it is gospel.

I'm not a landlord, so full disclaimer to begin with, but it does read to me (from the linked legislation) that someone without a UK credit history CAN be charged for rent covering multiple months (as long as not exceeding the term of the rental agreement) in a single upfront lump sum. 

From experience, when I first moved to the UK, I was explicitly informed that the only reason I wasn't being asked to provide anywhere from 3 to 6 months rent upfront as a single lump sum payment was due to my UK spouse who did have a UK credit history.  If I had been looking as a single person newly moved to the UK without UK credit history, I would very likely have been required to pay several months rent upfront.

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.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791273/TFA_Guidance_for_LandlordsAgents.pdf

IMO, the above seems clear on this.  The way I read it is - as a landlord, you don't HAVE to request rent in a lump sum for tenants without a UK credit history, but you are PERMITTED TO DO SO within reason (e.g. not charging for more than would be ordinarily paid for the length of the tenancy).

For those moving to the UK without a UK credit history, I would recommend to be prepared to pay 6 months rent upfront.  You might not have to (which would be fab), but it appears you could be asked to do so.

I'm not a landlord, so full disclaimer to begin with, but it does read to me (from the linked legislation) that someone without a UK credit history CAN be charged for rent covering multiple months (as long as not exceeding the term of the rental agreement) in a single upfront lump sum. 

From experience, when I first moved to the UK, I was explicitly informed that the only reason I wasn't being asked to provide anywhere from 3 to 6 months rent upfront as a single lump sum payment was due to my UK spouse who did have a UK credit history.  If I had been looking as a single person newly moved to the UK without UK credit history, I would very likely have been required to pay several months rent upfront.

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.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791273/TFA_Guidance_for_LandlordsAgents.pdf

IMO, the above seems clear on this.  The way I read it is - as a landlord, you don't HAVE to request rent in a lump sum for tenants without a UK credit history, but you are PERMITTED TO DO SO within reason (e.g. not charging for more than would be ordinarily paid for the length of the tenancy).

For those moving to the UK without a UK credit history, I would recommend to be prepared to pay 6 months rent upfront.  You might not have to (which would be fab), but it appears you could be asked to do so.

Aquila, your response is perfect and 100% correct.

I was fortunate to not have to pay 6 months upfront because I was on a work visa and my company acted as a guarantor.  I was prepared to pay upfront but glad it wasn’t required.

Great thread!  Good work Sirius, I have it on good advice that they haven’t even read the 2003 Sexual Offences Act and therefore are sheep shaggers as well. 

Can we get over this fetish of “Reading the law”?  Most people rely on the interpretations of others, mixed with advice and experience from paid proffesionals.  That’s what I pay my accountant for.  I might occasionally read parts that pertain to my situation, but reading some legislation does not magically make you an expert.  It’s not a spell.