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Scotland

Payments other than rent

When someone is in occupation of a property or land without right or title, the owner can claim money from the occupier for use of the premises.

This content applies to Scotland

Payments other than rent

These payments are known as violent profits. It is important to note that Scottish secure tenants have title to occupy their property until that right is brought to an end by the court. [1] In regulated and assured tenancies, the tenant's title to occupy is not brought to an end until the court ends the statutory tenancy. Therefore violent profits are more likely to be an issue in short assured tenancies, tenancies at common law, tenancies with resident landlords and those who never had a title to occupy. Payments made after a tenancy or right to occupy has terminated are eligible for Housing Benefit. [2]

Last updated: 27 January 2020

Footnotes

  • [1]

    Housing (Scotland) Act 2001

  • [2]

    reg.12(1)(c) Housing Benefit Regulations 2006 SI 2006/213; reg.12(1)(c) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 SI 2006/214