Private Rented Housing (Scotland) Act 2011

32 Premiums

(1) In section 82 of the Rent (Scotland) Act 1984 (c. 58) (prohibition of premiums and loans on grant of protected tenancies)—

(a) in subsection (1), “, in addition to the rent,” is repealed,

(b) in subsection (2), “in addition to the rent” is repealed.

(2) After section 89 of that Act insert—

“89A Premiums: regulations

(1) The Scottish Ministers may by regulations make provision about sums which may be charged in connection with the grant, renewal or continuance of a protected tenancy.

(2) Such regulations may, in particular, specify—

(a) categories of sum which are not to be treated as a premium for the purposes of this Part;

(b) the maximum amount which tenants may be asked to pay in respect of such a sum.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) such persons or bodies as they consider representative of the interests of—

(i) tenants;

(ii) private sector landlords;

(iii) persons who act as agents for such landlords,

as they consider appropriate; and

(b) such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).

(4) The power conferred by subsection (1) on the Scottish Ministers to make regulations—

(a) must be exercised by statutory instrument;

(b) may be exercised so as to make different provision for different purposes.

(5) No regulations are to be made under subsection (1) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.”.

(3) In section 90(1) of that Act (interpretation of Part 8), for the entry for “premium” substitute—

• ““premium” means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge;”.

(4) In section 115(1) of that Act (interpretation), for the entry for “premium” substitute—

• ““premium” has the meaning given in section 90;”.