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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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It appears the Private Rented Housing prohibits the landlord

Resolved Question:

It appears the Private Rented Housing prohibits the landlord charging for anything but Rent and Deposit. Does this mean I can not have charges in my lease charges for:
- chasing late and partial rent payments;
- managing abandoned utility/council bills;
- managing complaints from others about behavior;
- copies of documents already supplied;
- quantifying inventory damage;
- providing references to others?
SA
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The PRHP deals with tenant issues in relation to rent and repairs, that is correct. It is of little use to and landlord. That is not to say that you can't charge the tenant for costs incurred as a result of the tenant's actings. You do, however, have to go through the court process and sue for damages for any breach of the lease, damage to property etc.
And you are not bound to provide a reference for a tenant if you see fit not to do so.
The provisions of a lease have to be reasonable and charges for collecting rent, providing copies of document can be charged for as long as the charges are reasonable.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Good Evening,

(Assuming the costs are reasonable and can be shown to have occurred)

And, even though the tenants have signed a lease, that states I can ask for these charges to come out of the deposit I still can't ask for them as deposit deductions and, have to sue through the courts?

SA

Expert:  JGM replied 2 years ago.
The cost of damage to property and cleaning can come out of the deposit. I would argue that management charges can as well but this is not the PRHP. This would be an issue to put to the deposit company when asked whether and to what extent the deposit is to be returned to the tenant.
Customer: replied 2 years ago.

Thank you for paraphrasing the charges type to 'management charges'.

As management charges do not sound like thay are any part of deposit or rent I need to know what ground I stand on. I need to avoid asking the seposit company anything? SA

Expert:  JGM replied 2 years ago.
You are entitled to have management charges deducted from any outstanding deposit in the same way that cleaning charges or outstanding rent can be deducted assuming this is a contractual provision of the lease.
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