university and residence deposits

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    university and residence deposits

    Daughter had an offer from a Scottish uni. Due to the estimated grades situation she did not meet conditions and cannot go (but has a place at her insurance uni thank goodness!) . We were told we had to reserve her residence (which is privately run) and pay 135 pounds deposit which we did. We did not sign any contracts etc. The residence say the deposit is non-refundable. Can they do that under Scottish law? Thank you for any replies!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

    #2
    Have they lodged the deposit in a scheme within 30 days?

    You can claim them for not protecting the deposit, don't give them the heads up by phoning them

    Comment


      #3
      To be honest I have no idea - it was a deposit to reserve a room. I won't be getting in touch yet thank you for the advice!
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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        #4
        If they fail to lodge a deposit the tenant can go to the tribunal and the landlord can be fined up to 3 x the deposit.

        Comment


          #5
          See...
          http://scotland.shelter.org.uk/legal...nlawful_fees#1

          In your shoes I'd probably write to landlord (address from landlord registration) asking for the loot, pointing out you're a landlord & whilst wishing to avoid court/FTT more than happy to pursue that way if needed..

          Good luck with student! (He said, his student let empty with no signed tenancy 1st time in 14 years, usually signed up by April... )
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            Thank you all very much indeed - I will do this when home from the beautiful wee scottish island where I am hiding from covid! That link is brilliant Artful thank you again- sorry to hear about your student let but following the changes to the results I bet you will soon have a queue up the street for it!
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              The company have just told me it is non-refundable. I have sent them the Shelter information and await their reply....watch this space!
              Unshackled by the chains of idle vanity, A modest manatee, that's me

              Comment


                #8
                So here is the reply - can anyone advise please?

                Many thanks for your email received and we note the content there in.

                We are not in association or in any way contacted to shelter Scotland.

                Our business operates as a student accommodation where money taken is not a deposit but a reservation fee.

                As previously stated, the only time a refund would be awarded would be due to a medical reason where a doctors letter would be required or if the university did not open due to the ongoing covid pandemic.

                Our legal advisors have previously prepped us on our obligations and we are therefore confident in the stance we have taken.

                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #9
                  Does anyone know if they can avoid the law by calling it a "reservation fee"? That does not seem fair... Interestingly I have found this email from them from earlier this year: "To reserve a room, we ask for paperwork to be singed, returned and a payment of £135. The payment of £135 is your first weeks rent payment then we ask for the further three weeks rent payment to be made when you arrive at the accommodation" The tenancy agreement was not signed and returned but the £135 was paid.
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    https://www.thehouseshop.com/propert...r%20interested
                    1. In Scotland, it is prohibited to charge tenants a fee for drawing up a lease for an assured or assured shorthold tenancy. This is the kind of fee not applicable in England under the new tenant fees bill. In Scotland, it is a government ban from August 2016 that prohibited these fees.
                    2. It is also prohibited to charge a premium for these ASTs. Section 90 of the Scottish Housing Act of 1984 defines premium as ‘any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge’ which means that any fee demanded by landlords or letting agents to aid the letting of a property to you among other interested persons is illegal.

                    Comment


                      #11
                      https://www.mygov.scot/landlord-cred...ks-references/ says
                      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)
                      If a tenant thinks they've been charged an illegal premium, they may be able to claim this back and their landlord may be guilty of an offence.

                      So as I read that law, only a refundable deposit can be charged and not a holding fee - they are saying it was a reservation fee so presumably it cannot be and has to be a deposit (which was not protected)? Would really appreciate a view on this thank you
                      Unshackled by the chains of idle vanity, A modest manatee, that's me

                      Comment


                        #12
                        Call the council where they are registered.
                        Are they members of a governing body- call them and ask for the complaints procedure.

                        Comment


                          #13
                          Thank you baldelectrician - as I understand it they have to be registered in Scotland so I will possibly do that once I have tried again to get them to refund the money...I would like to give them one more chance to do so!
                          Unshackled by the chains of idle vanity, A modest manatee, that's me

                          Comment


                            #14
                            I have given them until tomorrow to refund or I am sending in the form to the first tier tribunal. Any advice folks please?
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

                            Comment


                              #15
                              'phone Scottish shelter for advice and look at FTT website
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

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