What is a tenancy deposit scheme?
Where a tenant rents from a private landlord or letting agent, their tenancy deposit must be stored in one of the government’s approved tenancy deposit schemes for the duration of the tenancy. The landlord needs to do this within 30 working days of the tenancy starting.
The tenancy deposit schemes approved by the Scottish Government are:
Information the landlord must provide
Within 30 working days of the tenancy starting the landlord must provide the tenant with certain prescribed information regarding the deposit:
the address of the rented property
the amount of deposit paid
the date the landlord received the deposit
the date the landlord paid the deposit into the tenancy deposit scheme
the name and contact details of the tenancy deposit scheme the deposit was paid into
a statement by the landlord confirming they are registered
the terms under which part of, or all of, the deposit can be retained at the end of the tenancy
Failure to provide information
If the landlord fails to provide the tenant with the required tenancy deposit information, the tenant should request this information from the landlord.
First, the tenant should send a letter to the landlord reminding them of their responsibility to supply the prescribed information to them.
If this doesn’t work, the tenant should send a letter to their landlord outlining the sanctions that can be imposed on a landlord for failure to provide the prescribed information. Templates for both letters are available on Shelter Scotland.
Failure to register the deposit
If a landlord fails to register a deposit within 30 working days and to provide you with the prescribed information, the tenant can apply to the First-tier Tribunal for Scotland Housing and Property Chamber. Such an application can be brought within 3 months of the tenancy coming to an end. The Housing and Property Chamber can then order the landlord to pay the tenant up to three times more than the deposit paid.