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Tenancy Deposit Scheme

Regulations for Tenancy Deposit Schemes were laid before the Scottish Parliament on 24 January 2011 and came into force in July 2012. The Regulations apply to tenancies where the landlord requires to register as a landlord under the Antisocial Behaviour etc (Scotland) Act 2004.

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The Tenancy Deposit Scheme will operate on the basis:
  • No fee is payable to participate
  • The Scheme administrator must pay deposits into an account kept for holding deposits and may only pay them out in accordance with the Tenancy Deposit Regulations
  • The Scheme must be available to all landlords and their tenants and provide a customer service facility for landlords, tenants and the general public
  • The Scheme must have safeguards for deposit.
  • The Scheme administrator must publicise the Scheme and its operational date.
  • Landlords must provide tenants with information about the Scheme

Paying in the Deposit

A landlord must pay a deposit into a scheme within 30 working days of the start of the tenancy and give the tenant information about the scheme. Transitional arrangements will apply to deposits paid before the Regulations came into force.

A deposit paid after the date the Regulations apply but before a scheme is operational must be paid in within 30 working days;

Deposits taken before the Regulations apply must be paid in within 30 days;

If a tenancy is renewed (expressly or by automatic renewal) in the period three to nine months after a scheme becomes operational, the deposit must be paid in within 30 days of the renewal.

If the landlord does not comply a tenant may apply to the Sheriff and if the landlord is in breach the Sheriff may order the landlord to pay the tenant an amount up to three times the deposit.

On receiving the deposit the administrator will issue confirmation to the landlord and tenant and give the tenant the name and contact details of the landlord and the administrator.

Reclaiming the Deposit

The landlord must apply specifying the date the tenancy ended and the amount of the deposit which he considers should be paid to the tenant. The tenant may also apply but if the landlord has applied or does so within 30 working days of the tenant’s application, the administrator cannot progress repayment to the tenant.

Where the landlord applies, the administrator will notify the tenant requiring the tenant to confirm (a) if he agrees or wishes to dispute the claim (b) whether tenant wishes to use the resolution mechanism (c) to advise of the sum the tenant considers should be repaid.

Time-limits are built in to protect tenants and landlords if one party fails to reply to the Scheme administrator's requests for information.

Dispute Resolution

If landlord and tenant agree to use dispute resolution mechanism the dispute is referred to an adjudicator. The adjudicator must determine the dispute and issue his decision within specified time-limits.

If the resolution process is abandoned (which needs the consent of both parties) the administrator must within 5 working days either pay the deposit in accordance with any agreement reached or otherwise in accordance with the landlord’s original application.

The dispute resolution process will be free of charge. It will not be compulsory but must be used if a tenant requests it. Landlords may request a referral but it will only be made with tenant 's consent.

Tenancy Scheme Provider

At Rentolease our chosen scheme provider is Letting Protection Service Scotland. For fully managed clients will take care of transfering your tenants deposit to the scheme provider.

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