MICHAEL CROSS AND OTHERS v. ABERDEEN PROPERTY LEASING [2014] ScotSC 8 (18 February 2014)
The administration fee imposed by the defender was a pecuniary consideration in addition to the rent and thus constituted a prohibited premium under section 90 of the Rent (Scotland) Act 1984, even prior to its amendment. The pursuers are entitled to return of the fee.
- Citation
- [2014] ScotSC 8
- Parties
- Pursuer: Michael Cross; Pursuer: Callum Archibald; Pursuer: Gary Marshall; Defender: Aberdeen Property Leasing
- Jurisdiction
- Scotland
- Judgment Date
- 18 February 2014
- Procedural Posture
- Small Claim / Judgment After Proof
- Outcome
- decree for pursuers
- Legal Topics
- Premiums in Residential Leases, Administration Fees, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Cross
Pursuer
Callum Archibald
Pursuer
Gary Marshall
Pursuer
Aberdeen Property Leasing
Defender
Procedural Posture
Small Claim / Judgment After Proof
Legal Issues
- 1 Whether the administration fee charged by the defender constituted an illegal premium under the Rent (Scotland) Act 1984 as amended
- 2 Whether the administration fee was reasonable and permitted under the law at the time
Ratio Decidendi
The administration fee imposed by the defender was a pecuniary consideration in addition to the rent and thus constituted a prohibited premium under section 90 of the Rent (Scotland) Act 1984, even prior to its amendment. The pursuers are entitled to return of the fee.
Court Disposition
decree for pursuers
Orders
- Defender to return administration fee to pursuers
- Interest to run from date of citation
Full Case Text
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