82 Prohibition of premiums and loans on grant of protected tenancies. S
(1)Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requiresF1... the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this section.
(2)Any person who, in connection with the grant, renewal or continuance of a protected tenancy, receives any premium F2... shall be guilty of an offence under this section.
(3)A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.
(4)The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid.
Textual Amendments
F1Words in s. 82(1) repealed (30.11.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 32(1)(a), 41(3); S.S.I. 2012/267, art. 2
F2Words in s. 82(2) repealed (30.11.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 32(1)(b), 41(3); S.S.I. 2012/267, art. 2
Modifications etc. (not altering text)
C1Ss. 82, 83, 86–90 applied (with modifications) by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 27, 52
C2S. 82 applied (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), ss. 20(1), 79(2); S.S.I. 2017/346, reg. 2, sch.