The Court of Session has now confirmed that rent paid in advance is not a deposit.
At the recent SAL conference, T C Young advised landlords that rent paid in advance was illegal in Scotland.
It would appear that yet again Scotland are enforcing the 1984 Housing Act to the detriment of common sense and normal practice.
In my opinion the sections of the 1984 act regarding tenant harassment should be rewritten into new legislation whilst the rest of the act should be revoked as it is out of date and does not reflect the modern rental market - in particular the ban on premiums and rent in advance.
At the recent SAL conference, T C Young advised landlords that rent paid in advance was illegal in Scotland.
It would appear that yet again Scotland are enforcing the 1984 Housing Act to the detriment of common sense and normal practice.
In my opinion the sections of the 1984 act regarding tenant harassment should be rewritten into new legislation whilst the rest of the act should be revoked as it is out of date and does not reflect the modern rental market - in particular the ban on premiums and rent in advance.