Tenancy deposit schemes (Scotland)

The Tenancy Deposit Schemes (Scotland) Regulations 2011 came into force on 7 March 2011.[1] Every landlord or letting agent that receives a deposit in Scotland must register with their local authority and join a tenancy deposit scheme.

There are three tenancy deposit schemes in Scotland: the Letting Protection Service Scotland, Safedeposits Scotland and My|deposits Scotland.

Reasons for introduction

Scots law gives tenants extra protection against losing their deposits. It means landlords and letting agents cannot keep deposits, instead they have to transfer them to a government approved third party.

The regulation has come into force to prevent "unscrupulous" landlords withholding part or all of a deposit when the tenant leaves their accommodation. The Scottish Housing Minister, Keith Brown, estimated that up to 11,000 tenants each year have had their deposit wrongly retained by their landlord or letting agent. The tenancy deposit schemes approved by the government means that any deposit dispute between tenant and landlord can be referred to an independent dispute resolution service.

Regulations

Concerns that some private landlords unfairly withhold tenants' deposits led to provisions in the Housing (Scotland) Act 2006,[2] for Scottish Ministers to bring forward regulations for the approval of tenancy deposit schemes in Scotland. The Regulations set out the conditions that all schemes must meet before they can be approved by the Scottish Ministers. The three independent third party schemes approved by Scottish Ministers operating in Scotland are:

  • The Letting Protection Service Scotland
  • SafeDeposits Scotland
  • My|deposits Scotland

Deadlines

Table of Tenancy Deposit Deadlines for Scottish Landlords:[3]

Date Deposit Received On or AfterDeadline to Comply
2 July 2012 and before 2 October 201213 November
7 March 2011 and before 2 July 201213 November
2 October 2012Within 0 working days of the beginning of the tenancy
Any deposit received prior to 7 March 2011

Unless

The tenancy is renewed, either by express agreement or on tacit relocation, or after 2 October and before 2 April 2012

By 15 May 2012

Within 30 working days of renewal

Enforcement

A tenant can take a landlord to court if they don't protect their deposit with a scheme or provide the required information within the specified timescales. If the court is satisfied that the landlord has not complied, a sheriff can order the landlord to pay up to three times the deposit.[4]

See also

References
  1. Safeguarding Tenancy Deposits
  2. "Housing (Scotland) Act 2006".
  3. "Scottish landlords - don't miss the tenancy deposit deadline! - Domino Letting". www.dominoletting.co.uk. Archived from the original on 12 November 2012. Retrieved 19 April 2022.
  4. "Edinburgh landlord ordered to pay tenants three times deposit". BBC News. 2 September 2013.
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