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COPFS

Section 82 of Rent (Scotland) Act 1984 (R010939)

Freedom of Information: Section 82 of Rent (Scotland) Act 1984 (R010939)

Thank you for your e-mail of 28 July 2015 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

“1. How many people in Scotland have been charged, and if charged have gone on to be prosecuted under Section 82 of the Rent (Scotland) Act of 1984:

(1) Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires, in addition to the rent, 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 in addition to the rent 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. 

2. I would also like to know how many of these charges/prosecutions occurred after the law was clarified in 2012.

3. Of these charges/prosecutions, I would like to know the outcomes.”

I can advise of the following in response to your requests:

1. COPFS have received one report libelling this charge.  A company and an individual representing the company were the subjects of the report and neither was prosecuted.

2. The matter was reported to COPFS before 2012. 

3. No action was taken in relation to the individual and the company as the case was time barred on receipt from the police.