student let

[islandgirl]

Would be grateful for views on this one please. Paid a deposit for a student flat but offspring could not attend that uni (covid related issues). Asked for deposit back but refused. I thought this was an "illegal premium" in Scotland and applied to the First Tier Tribunal. Found this on gov website
Illegal premiums

In Scotland, landlords and letting agents can only ask tenants to pay for:

• rent
• a refundable deposit (which can't be more than 2 months' rent)

Any other charges to tenants are called 'illegal premiums' and are against the law. They include charges like:

• administration fees
• credit checks
• holding fees (including refundable and non refundable fees)

They have now said
You made the application under Rule 111, which relates to Private Residential Tenancies. A tenancy is not a PRT if it is excluded in terms of Schedule 1 paragraph 5 of the Private Housing (Tenancies) (Scotland) Act 2016 (Student Let). Can you please familiarise yourself with that provision and then advise the Tribunal further of the nature of the property in that context. Student let “5(1)A tenancy cannot be a private residential tenancy if— (a)the purpose of it is to confer on the tenant the right to occupy the let property while the tenant is a student,

So it looks like my £135 is lost - any comments? Would you not think that if "illegal premiums" did not apply to student tenancies they would TELL YOU THAT on the website specifically?

[Celestine]

ScottishSolicitor

[ScottishSolicitor]

What the Tribunal are pointing out is that you have used the wrong procedure - a student let not being a PRT. On what contractual basis is the deposit being withheld? You may have an argument based on frustration of contract.

[islandgirl]

Thank you for replying. It was a deposit to secure a room. They said it was a week's rent in advance. The guarantor form was signed and scanned but we did not sign the tenancy agreement as they said we could bring it with us when moving in (it was very long!). We were served with the document making it a short tenancy (AT5) and that was also signed and scanned. The Tribunal ruled it was not a deposit and then told me: If you wish to claim the £135 paid back either as a deposit or an illegal premium then you require to fill in a separate application under Rule 111 of the Tribunal’s rules for an application for civil proceedings in relation to a private rented tenancy.
I did this but now they have written quoting legislation saying student lets are exempt. I would be very grateful if you could point me in the direction of the correct procedure to use at the Tribunal - their website is extremely confusing! Thank you again for responding.

[islandgirl]

Indeed thank you so much Clestine for tagging ScottishSolicitor - it was much appreciated. Got carried away with the case info and forgot to thank you - thanks for the reminder Tonyhoward!

[ScottishSolicitor]

I would really need to see all the paperwork to properly advise - the problem here though is that it is such a small amount in relative terms that the effort involved by a solicitor would outweigh what you seek to recover

[islandgirl]

Yes I agree of course which is why I wanted to do it myself! I have written back to the Tribunal and said that if the application is incorrect I will agree to withdraw it. I understand I could attempt to claim it back through the simple procedure but to be honest probably won't bother...I will report back with the outcome